Effect of war
on registen- Lido of
trade marko. 2 & 3 Gm
c. 107, s. 4.
Ordinace Na. 40 of 1900.
(2) On the application of any person who proposes to deal in the course of trade in Hong Kong with mi article or substance which is or is intended to be the same as,Adr equivalent to or a substitute for, the article or substance in respect of which the trade mark is registered, the Registrar may order that the right to the use of the trade mark given by the registration thereof shall be suspended-
(a) so far as regards use thereof by the applicant and any such use thereof by the other person in relation to goods connected in the course of trade with the applicant as would not be an infringement of the said right if the applicant were the proprietor of the trade markį
(b) to such extent and for such period as the Registrar may consider necessary for enabling the applicant to render well-known and established some description of, or means of reference to, the article or substance with which be proposes to deal in the course of trade, being a description or means of reference which does not involve the use of the trade mark.
(8) Where an order has been made under the last fore- going sub-section, no artion for passing off shall lie on the pact of any person interested in the trade mark in respect of any use thereof which, by virtue of the order, is not an infringement of the right to the use thereof given by the registration thereof.
(4) An order under this section may be varied or revoked by a subsequent order made by the Registrar.
4-(1) Notwithstanding the provisions of section 4 of the Trading with the Enemy Ordinance, 1914, or any rule of law relating to intercourse or dealings with or for the benellt of enemics, it shall be lawful, subject to the provisions of this Ordinance, for a trade mark to be registered under the Trade Marks Ordinance, 1900, on the application of an
enemy:
Provided that, where such a registration as aforesaid is effected on the application of an enemy→→
(1) the person registered shall not be entitled to require the issue of the certificate of registration; and
(i) the rights conferred by the registration shall be subject to any relevant provisions of any enactment for the time being in force relating to the property of an enemy.
(2) The Registrar may, in any case in which in his opinion it is desirable in the public interest so to do, refuse to take, or suspend the taking of, any proceedings on or in relation to an application of an enemy for the registration of a trade mark.
(3) No act requisite for enabling such a registration as aforesaid to be effected, in so far as it is done for that purpose and for that purpose only, shall, whether the registration is effected or not, be treated as a contravention of any of the provisions of section 4 of the Trading with the Enemy Ordin- ance, 1914, or of any rule of law relating to intercourse or dealings with or for the benefit of enemies.
(4) References in this section to an application of an enemy shall be construed as including references to an application of an enemy jointly with any other person, whether an enemy or not.
5-1) The Registrar may, subject to such conditions, if any, as he thinks fit to impose, extend the time limited by or under the Trade Marks Ordinance, 1909, or this Act, for doing any act, where he is satisfed-
Power of extend time Registrer to
utabalog regard to
war circum-
stances.
2 & 3 040, 6,
(a) that the doing of the net within the time so limited was prevented by a person's being on active service or by 107, 8. 6. any other circumstances arising from the existence of a state
of war which, in the opinion of the Registrar, justify an extension of the time so limited; or
(b) that, by reason of circumstances arising from the existence of a state of war, the doing of the act within the time so limited would have been or would be injurious to the rights or interests of the person by or on whose behalf the act is or was to be done or to the public interest.
(2) An extension under this section of the time for doing any not-
(a) may be for any period that the Registrar thinks fit, notwithstanding that by or under any Ordinance power is conferred to extend the time for doing that act for a specified period only; and
(b) may be granted notwithstanding that that time expired before any application or request for extension was made, or that, by reason of that act not having been done within that time, the relevant application, registration or proceeding has ceased or expired, or become void or invalid, or been treated as abandoned.
(3) The powers conferred by this section may be exer- cised notwithstanding that the exercise thereof benefits, whether directly or indirectly, an enemy or an enemy subject.
Evidence 6-(1) For the purposes of this Ordinance-
relating to (a) the fact that the address of any person registered untionality
and place of in the register of trade marks kept undor the Trade Marks resides, Ordinance, 1900, is an address in enemy territory within the and decisions meaning of the Trading with the Enemy Ordinance, 1914, relating to shall be prima facie evidence that that person is resident in character. that territory; and
(b) the fact that in any such register a person is stated to be of a particular nationality shall be primâ facie evidence that he is of that nationality.
(2) No order made by the Registrar under this Ordin- ance shall be held to be invalid by reason only that any decision made for the purposes of the order that & particular person is an enemy or an enemy subject is wrong.
впешу
2 & 3 Geo. 6,
107,
7.
be heard be-
7. Before deciding as to the making of any order under Persons to this Ordinance, the Registrar shall, unless having regard to tore making the circumstances he considers it incxpedient or impossible of orders. so to do, give to, any person who appears to the Registrar 2 & 3 Geo. 6, to be interested such opportunity of being heard as appears v. 107, s. 8. to him to be just.