1954-HKRS29-8-21_Part04 — Page 16

Right given by Togistra- tion, and infringe- ment thereof

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determination in his favour by the Registrar under subsection (2) of any opposition relating to any of the matters referred to in subsection (5) of section 65.

(z) When notice of opposition is given relating to any of the matters referred to in subsection (3) of section 65, the Registrar shall, after hearing the parties, if so required, and considering any evidence, decide whether, and subject to what conditions and limitations, or amendments or modifications of the application or of the regulations, if any, registration is, having regard to those matters, to be permitted.

67. (1) Subject to the provisions of subsections (2) to (4) hercof, and of sections 33 and 34, the registration of a person as proprietor of a certification trade mark in respect of any goods, shall, if valid, give to that person the exclusive right to the use of the trade mark in relation to those goods, and, without prejudice to the generality of the foregoing words, that right shall he deemed to be infringed by any person who, not being the pro- prietor of the trade mark or a person authorized by him under the regulations in that behalf using it in accordance therewith, uses a mark identical with it or so nearly resembling it as to be likely to deceive or cause confusion, in the course of trade, in relation to any goods in respect of which it is registered, and in such manner as to render the use of the mark likely to be taken either-

(a) as being use as a trade mark; or

(b) in a case in which the use is use upon the goods or in physical relation thereto or in an advertising circular or other advertisement issued to the public, as importing a reference to some person having the right either as proprietor or by his authorization under the relevant regulations to use the trade mark or to goods certified by the proprietor.

(2) The right to the use of a certification trade mark given by registration as aforesaid shall be subject to any conditions or limitations entered on the register, and shall not be deemed to be infringed by the use of any such mark as aforesaid in any mode, in relation to goods to be sold or otherwise traded in in any place, in relation to goods to be exported to any market, in any other circumstances, to which, having regard to any such limitations, the registration does not extend.

Or

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(3) The right to the use of a certification trade mark given by registration as aforesaid shall not be deemed to be infringed by the use of any such mark as aforesaid by any person-

(a) in relation to goods certified by the proprietor of the trade mark if, as to those goods or a bulk of which they form part, the proprietor or another in accordance with his authorization under the relevant regulations has applied the trade mark and has not subsequently removed or obliterated it, or the proprietor has at any time expressly or impliedly consented to the use of the trade mark; or

(b) in relation in goods adapted to form part of, or to be accessory to, other goods in relation to which the trade mark has been used without infringement of the right given as aforesaid or might for the time being be so used, if the use of the mark is reasonably necessary in order to indicate that the goods are so adapted and neither the purpose nor the effect of the use of the mark is to indicate otherwise than in accordance with the fact that the goods are certified by the proprietor:

Provided that paragraph (4) hereof shall not have effect in the case of use consisting of the application of any such mark as aforesaid to any goods, notwithstanding that they are such goods as are mentioned in that paragraph, if such application is contrary to the relevant regulations.

(4) Where a certification trade mark is one of two or more registered trade marks which are identical or nearly resemble each other, the use of any of those trade marks in exercise of the right to the use of that trade mark given by registration shall not be deemed to be an infringement of the right so given to the use of any other of those trade marks,

68. (10) (4) The regulations deposited in respect of a certi- Alteration

fication trade mark may, on the application of the of deposited registered proprietor, be altered by the Registrar,

or expung

regulations,

ing or varying of entry in relating to certifica- tion trade

(b) The Registrar muy, before granting an application,

cause it to be advertised in any case where it appears register to him that it is expedient so to do, and, where the Registrar causes an application to be advertised, if within the prescribed time from the date of the advertisement mark.