1954-HKRS29-8-21_Part04 — Page 5

Right

given by registration

and in- fringement thereof.

16

sequently removed or obliterated it, or has at any time expressly or impliedly consented to the use of the trade mark; or

(b) in relation to 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 a connexion in the course of trade between any person and the goods.

(4) The use of a registered trade mark, being one of two or more registered marks which are identical or nearly resemble each other, in exercise of the right to the use of that trade mark given by registration as aforesaid, shall not be deemed to be an infringement of the right so given to the use of any other of those trade marks. Each registered proprietor of such a trade mark shall otherwise have the same rights as if he were the sole registered proprietor thereof.

28. (1) Except as provided by subsection (2), the registra- tion of a person in Part B of the register as proprietor of a trade in Part B. mark in respect of any goods shall, if valid, give or be deemed to have given to that person the like right in relation to those goods as if the registration had been in Part A of the register, and the provisions of section 27 shall have effect in like manner in relation to a trade mark registered in Part B of the register as they have in relation to a trade mark registered in Part A of the register.

(2) In any action for infringement of the right to the use of a trade mark given by registration as aforesaid in Part B of the register, otherwise than by an act that is deemed to be an in- fringement by virtue of section 33, no injunction or other relief shall be granted to the plaintill if the defendant establishes to the satisfaction of the Court that the use of which the plaintifi complains is not likely to deceive or cause confusion or to be taken as indicating a connexion in the course of trade between the goods and some person having the right either as proprietor or as registered user to use the trade mark,

tion to be POMO

29. In all legal proceedings relating to a registered trade Registro- mark (including applications under section 48) the fact that a person is registered as proprietor of such trade mark shall be facie prima facie evidence of the validity of the original registration of validity. of such trade mark and of all subsequent assignments and trans- missions thereof.

evidence

Part A ta

30. (1) In all legal proceedings relating to a trade mark Registra registered in Part A of the register (including applications under tion in section 48) the original registration of the trade mark in Part A be con- of the register shall, after the expiration of seven years from the date of that registration, be taken to be valid in all respects, validity unless-

(4) that registration was obtained by fraud, or

(6) the trade mark offends against the provisions of sub-

section (1) of section 12.

(2) Nothing in subsection (1) of section 28 shall be con- strued as making applicable to a trade mark registered in Part B of the register the provisions of subsection (1) relating to a trade mark registered in Part A of the register.

clusive

Sa to

ofter

Seven years.

31. Subject to the provisions of this Ordinance, equities in Equities

in respect respect of a trade mark may be enforced in like manner as in respect of any other personal property.

of trade

marka.

tions.

32. (1) Where, by a contract in writing made with the Infringe- ment by proprietor or a registered user of a registered trade mark, a breach of purchaser or owner of goods enters into an obligation to the effect certain that he will not do, in relation to the goods, an act to which this restric- section applies, any person who, being the owner for the time being of the goods and having notice of the obligation, does that act, or authorizes it to be done, in relation to the goods in the course of trade or with a view to any dealing therewith in the course of trade shall be deemed thereby to infringe the right to the use of The trade mark given by the registration thereof, unless that person became the owner of the goods by purchase for money or money's worth in good faith before receiving notice of the obliga- tion or by virtue of a title derived through another who so became the owner thereof.