1954-HKRS28-8-21_Part04 — Page 9

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Power of registered proprietor to assign, and give receipts.

Registra- tion of agsirn- ments and transmis- sions.

Assign-

tran

menta and missions of

asnociated

trade

marks.

Renewal of registra- tion.

(7) Any decision of the Registrar under this section shall be subject to appeal to the Court.

42. Subject to the provisions of this Ordinance, the person for the time being entered in the register as proprietor of a trade mark shall, subject to any rights appearing from the register to be vested in any other person, have power to assign the trade mark, and to give cllectual receipts for any consideration for an assignment.

43. (1) Where a person becomes entitled hy assignment or transmission to a registered trade mark, he shall make application to the Registrar to register his title, and the Registrar shall, on receipt of such application and on proof of title to his satisfaction, register him as the proprietor of the trade mark in respect of the goods in respect of which the assignment or transmission has effect, and shall cause particulars of the assignment or transmis- sion to be entered on the register.

(2) Any decision of the Registrar under this section shall be subject to appeal to the Court.

(3) Except for the purposes of an appeal under this section or of an application under section 48, a document or instrument in respect of which no entry has been made in the register în accordance with the provisions of subsection (1) shall not be admitted in evidence in any Court in proof of the title to a trade mark unless the Court otherwise directs.

44. Trade marks that are registered as, or that are deemed by virtue of this Ordinance to be, associated trade marks shall be assignable and transmissible only as a whole and not separately, but they shall for all other purposes be deemed to have been registered as separate trade marks.

Renewal of registration.

45. The Registrar shall, on application made by the regis tered proprietor of a trade mark in the prescribed manner and within the prescribed period, renew the registration of such trade mark for a period of fourteen years from the date of expiration of the original registration as stated in subsection (2) of section 17

or of the last renewal of registration, as the case may be, which date is hereinafter referred to as "the expiration of the last registration".

46. At the prescribed time before the expiration of the last Procedure on expiry registration of a trade mark, the Registrar shall send notice in of period the prescribed manner to the registered proprietor of the date at of registra.

tion. which the existing registration will expire and the conditions as to payment of fees and otherwise upon which a renewal of registration may be obtained, and, if at the expiration of the rime prescribed in that behalf those conditions have not been duly complied with, the Registrar may remove such trade mark from the register, subject to such conditions, if any, as to its restoration to the register as may be prescribed.

47. Where a trade mark has been removed from the register Status of For non-payment of the fee for renewal, it shall, nevertheless, for phrenewed

trade the purpose of any application for registration of a trade mark mark. during one year next after the date of such removal, be deemed to be a trade mark that is already on the register :

Provided that the foregoing provisions of this section shall not have effect when the Registrar is satisfied either-

(a) that there has been no bona fide trade use of the trade mark that has been removed during the two years im- mediately preceding its removal; or

(b) that no deception or confusion would be likely to arise from the use of the trade mark that is the subject of the application for registration by reason of any previous use of the trade mark that has been removed.

Rectification and correction of Register.

48. (1) Subject to the provisions of this Ordinance-

General power to

(a) any person aggrieved by the non-insertion in or omission rectify

from the register of any entry, or by any entry made in entries in

register. the register without sufficient cause, or by any entry wrongly remaining on the register, or by any error or defect in any entry in the register, may apply in the prescribed manner to the Court or, at the option of the applicant and subject to the provisions of section 80, to the Registrar, and the tribunal may make such order for making, expunging or varying the entry as the tri- bunal may think fit;