Certifica-
tion trade mark assignable
or trans missible only with Registrar's consent.
40
any person gives notice to the Registrar of opposition to the application, the Registrar shall not decide the matter without giving the parties an opportunity of being heard.
(2) (a) On application by any person aggrieved to the Court, or at the option of the applicant and in the prescribed manner and subject to the provisions of section 8o, to the Registrar, or on application by the Registrar to the Court, the tribunal may make such order as the tribunal thinks fit for expunging or varying any entry in the register relating to a certification trade mark, or for varying the deposited regulations, on the ground-
() that the proprietor is no longer competent, in the case of any of the goods in respect of which the trade mark is registered, to certify those goods;
(ii) that the proprietor has failed to observe a provi- sion of the deposited regulations to be observed on his part
(ii) that it is no longer to the public advantage that the trade mark should be registered; or
(iv) that it is requisite for the public advantage that, if the trade mark remains registered, the regulations should be varied.
(b) The Registrar shall rectify the register or the deposited regulations in such manner as may be requisite for giving effect to an order made under paragraphi (a) hereof.
69. (1) A certification trade mark shall not be assignable or transmissible otherwise than with the consent of the Registrar, who before giving his decision shall consider-
(a) whether the person to whom it is proposed to assign or transmit the mark is competent to certify the goods in respect of which the mark is registered, and
(b) whether in all the circumstances the proposed assign- ment or transmission would be to the public advantage.
(2) A certification trade mark shall not be assignable or transmissible to a person who carries on a trade in goods of the kind certified.
41
(3) Any decision of the Registrar under this section shall be subject to appeal to the Court.
not em-
70. Notwithstanding anything in section 82, the Registrar Registrar shall not have any jurisdiction to award costs to or against any powered party on an append to him against a refusal of the proprietor of to award a certification trade mark to certify goods or to authorize the use appeals
of the trade mark.
Costa on
to him.
not
71. The following provisions of this Ordinance shall not Provisions have effect in relation to a certification trade mark, that is to say, applicable section 9, sections 13 to 15 (except as expressly applied by to certi
fication sections 65 and 66), sections 19, 27, 32, 37 and 40, subsections (4) hea ta (7) of section 41, and sections 55 to 63. and any provisions marks. the operation of which is limited by the terms thereof to registra- tion in Pan B of the register,
72. Sections 64 to 71 shall have effect, in relation to a trade Trade mark that immediately before the commencement of this Ordin- mark
registered ance was on the register by virtue of section 59 of the Trade under Marks Ordinance repealed by section 92, as if the sections had section 59 been in force at the date of the registration of the trade mark and Marks it had been registered under those sections, subject however to the following modifications, that is to say-
of Traile
Ordinance (Cap. 43) to be Jeemed
(a) that the proviso to subsection (1) of section 64 shall not registered
apply;
39 p certi-
fication
(b) that sections 64 to 71 shall have effect as if references trade mark therein to the regulations governing the use of certifica- under this tion trade marks had been omitted; and
(c) that the proprietor shall be at liberty, or may be required by the Registrar as à condition of the continuance of the registration, to deposit at any time after the commence- ment of this Ordinance such regulations as the Registrar may permit ar require.
Powers and duties of Registrar.
Ordinance.
73. (1) The power to give to a person who proposes to apply Preliminary for the registration of a trade mark in Part A or Part B of the advice by Registrar register advice as to whether the trade mark appears to the ag to Registrar primo facie to be inherently adapted to distinguish, or disline- capable of distinguishing, as the case may be, shall be a function of the Registrar under this Ordinance.
Liveness.