1954-HKRS29-8-21_Part04 — Page 3

Jaintly owned Trade marka.

Prohibi- tion of registra tion of trade mark identical with or resembl. ing a registered mark.

Applica-

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of the trade mark in respect of those goods, the registration shall cease to have effect in respect thereof at the expiration of that period, and the Registrar shall amend the register accordingly.

19. Where the relations between two or more persons interested in a trade mark are such that no one of them is entitled as between himself and the other or others of them to use it except-

(a) on behalf of both or all of them, or

(b) în relation to an article with which both or all of them

are connected in the course of trade,

those persons may be registered as joint proprietors of the trade mark, and this Ordinance shall have effect in relation to any rights to the use of the trade mark vested in those persons as if those rights had been vested in a single person,

Subject as aforesaid, nothing in this Ordinance shall authorize the registration of two or more persons who use a trade mark independently, or propose so to use it, as joint proprietors thereof.

Identical Trade Marks.

20. Except as provided by section 22 no trade mark shall be registered in respect of any goods or description of goods that is identical with a trade mark belonging to a different proprietor and already on the register in respect of the same goods or description of goods, or that so nearly resembles such a trade mark as to be likely to deceive or cause confusion.

21. Where separate applications are made by different persons tions for to be registered as proprietors respectively of trade marks that are registration

identical or nearly resemble each other, in respect of the same identical decembl goods or description of goods, the Registrar may refuse to register

any of them until their rights have been determined by the Court, or have been settled by agreement in a manner approved by him or, on an appeal, by the Court.

ing trade marka.

Concurrent

user.

22. In case of honest concurrent user or of other special circumstances, which in the opinion of the Court or of the Registrar make it proper to do so, the Court or the Registrar may

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permit the registration of trade marks that are identical or nearly resemble each other in respect of the same goods or description of goods by more than one proprietor subject to such conditions and limitations, if any, as the Court or the Registrar, as the casc may be, may think it right to impose.

of marks

23. The Registrar may refuse to register any trade mark if Protection it is proved to his satisfaction by the person opposing the applica- registered tion for registration that such mark is identical with, or so nearly in country

of origin. resembles as to be calculated to deceive or cause confusion, a trade mark which is already registered in respect of the same goods or description of goods in a country or place from which such goods originale:

Provided that no application to register shall be refused under this section-

(a) if the applicant proves that he or bis predecessors in business have in Hong Kong, in relation to such goods, continuously used the trade mark for the registration of which he has made application from a date anterior to the date of the registration of the other mark in such country or place of origin, or

(b) if the opponent does not give an undertaking to the satisfaction of the Registrar that he will, within three months from the giving of the notice of opposition, apply for registration in Hong Kong of the trade mark so registered in the country or place of origin, and will take all necessary steps to complete such registration.

Associated Trade Marks.

trade

marka.

24. (1) Where a trade mark which is registered, or is the Associated subject of an application for registration, in respect of any goods is identical with another trade mark which is registered, or is the subject of an application for registration, in the name of the same proprietor in respect of the same goods or description of goods, or so nearly resembles it as to be likely to deceive or cause con- fusion if used by a person other than the proprietor, the Registrar may at any time require that the trade marks shall be entered on the register as associated trade marks.

(2) On application made in the prescribed manner by the registered proprietor of two or more trade marks registered as associated trade marks, the Registrar may dissolve the association