1954-HKRS28-8-21_Part04 — Page 6

Saving for vestad rights.

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(2) The acts to which this section applies are-

(a) the application of the trade mark upon the goods, after they have suffered alteration in any manner specified in the contract as respects their state or condition, get-up or packing;

(b) in a case in which the trade mark is upon the goods, the alteration, part removal or part obliteration thereof;

(c) in a case in which the trade mark is upon the goods. and there is also thereon other matter, being matter indicating a connexion in the course of trade between the proprietor or registered user and the goods, the removal or obliteration, whether wholly or partially, of the trade mark unless that other matter is wholly removed or obliterated;

(d) in a case in which the trade mark is upon the goods,

the application of any other trade mark to the goods; (e) in a case in which the trade mark is upon the goods, the addition to the goods of any other matter in writing that is likely to injure the reputation of the trade mark.

(3) In this section references in relation to any goods to the proprietor, to a registered user, and to the registration, of a trade mark, shall be construed, respectively, as references to the proprietor in whose name the trade mark is registered, to a re- gistered user who is registered, and to the registration of the trade mark, in respect of those goods, and the expression "upon" includes in relation to any goods a reference to physical relation

thereto.

33. Nothing in this Ordinance shall entitle the proprietor or a registered user of a registered trade mark to interfere with or restrain the use by any person of a trade mark identical with or nearly resembling it in relation to goods in relation to which That person or a predecessor in title of his has continuously used that trade mark from a date anterior-

(a) to the use of the first mentioned trade mark in relation to those goods by the proprietor or a predecessor in title of his; or

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(b) to the registration of the first-mentioned trade mark in respect of those goods in the name of the proprietor or a predecessor in title of his:

whichever is the earlier, or to object (on such use being proved) to that person being put on the register for that identical or nearly resembling trade mark in respect of those goods under section 22.

Saving for use of

address or

34. No registration of a trade mark shall interfere with

(a) any bona fide use by a person of his own name or of name,

the name of his place of business, or of the name, or description of the name of the place of business, of any of his of goods. predecessors in business; or

(b) the use by any person of any bona fide description of the character or quality of his goods, not being a description that would be likely to be taken as importing any such reference as is mentioned in paragraph (b) of sub- section (1) of section 27 or in paragraph (0) of sub- section (1) of section 67.

35. No person shall be entitled to institute any proceeding No action to prevent, or to recover dantages for, the infringement of an unregistered trade mark.

for in- fringement of un- registered trade mark

36. Nothing in this Ordinance contained shall be deemed to "Passing

off" action. affect rights of action against any person for passing off goods as those of another person or the remedies in respect thereof,

Use and non-use of Trade Marks.

fram

37. (1) Subject to the provision of subsection (1) of section Removal $5 and subsection (1) of section 57, a registered trade mark may register be taken off the register in respect of any of the goods in respect and im- of which it is registered on application by any person aggrieved position of

limitations to the Court, or, at the option of the applicant and subject to the on ground provisions of section So, to the Registrar, on the ground either of non-use,

(a) that the trade mark was registered without any bona fide intention on the part of the applicant for registration that it should be used in relation to those goods by him