1954-HKRS29-8-21_Part02 — Page 42

Re-vesting

of rights in respect of trade marks of former alien enemies (28 of 1914).

Modifica- tion of Cap. 262.

3. Wherever on or after the 3rd day of September, 1939, any right in respect of any trade mark, the proprietor of which was an alien enemy, vested in the Custodian of Enemy Property by reason of the provisions of section 24 of the Alien Enemies (Winding-up) Ordinance, 1914, such right, if and in so far as the same is still vested in the Custodian, shall at the commence- ment of this Ordinance re-vest in such proprietor or in his successor in title thereto, subject to any right which an opponent under subsections (3) and (4) of section 4 of this Ordinance may be able to establish.

4 (1) Wherever any person in whom a right in respect of a trade mark re-vests by virtue of section 3 of this Ordinance claims to have been the registered proprietor of the trade mark in the old register or to be the successor in title thereto, and such person applies for the registration of the trade mark in the new (Cap. 302). register, the provisions of the Trade Marks Register (Reconstruc-

tion) Ordinance shall be modified as provided in subsections (2)» (3) and (4) of this section.

(2) Upon the receipt of an application for registration in the new register by a person who claims that the rights in respect of any registered trade mark have re-vested in him by virtue of section 3 of this Ordinance, the Registrar shall, before being satisfied that such person is entitled to be registered as the proprietor thereof, give notice to him requiring him to advertise his application in one issue of the Gasette,

(3) Any person may within two months of the issue of the Gaselle in which such advertisement appears, give notice to the Registrar of opposition to the application for registration.

(4) Notice of opposition given under subsection (3) of this section shall be dealt with in the same manner, save as modified (Cap. 43). in the proviso to this subsection, as is prescribed by the Trade (Vol. VIII, Marks Ordinance and the Trade Marks Rules or by any enact- P. 237).

ment which may be substituted therefor, in the case of opposition to registration of a trade mark :

Provided that the Registrar may, at any stage in the opposition proceedings, instead of hearing the parties or their representatives or giving a decision in the case, notify the

applicant that he refuses to proceed with the registration of his trade mark until the rights of both parties have been determined by the Court,

Passed the Legislative Council of Hong Kong, this 14th day of July, 1954.

(Secretariat 10/1096/46)

氏

Deputy Clerk of Councils.