COPY.
Dear Kemp,
Enclosure
8.
C.
245
22652
9, Queen's Road,
RECO
REG MAY 15)
Hongkong, 19th. February, 1915.
Referring to our conversation of this morning relative to the trade-marks registered by Messrs. Garrels Borner & Co., or their predecessors in business, Messrs. Meyer & Co., it does not appear to be absolutely necessary, though very advisable, for registration, under Sec. 33 of the Trade-marks Ordinance, to be effected of the assignment or transmission of a trade-mark (see p. 74 of my book), in a case where there can be no doubt that such assignment or transmission has taken place. And see p. 75 as regards the effect of an assignment of the 'goodwill' of the businese, no mention being made therein of the trade-marks used in
connection with such business.
When it has been expressly enacted by Ordi- -nmoe that the Liquidator of an alien enemy's business shall be deemed to be the assignee, for valuable consideration, of the goodwill thereof, he must necessarily be also the assise of the trado-parks used in such business; and in the present instance,
where not only has the Liquidator the rights conferred upon him by that Ordinance, but he has also the consent of the Government to his carrying on the business on his own account, and in his own name otherwise than merely as Liquidator, there cannot, I think, be the least doubt that he is entitled to use the trade- -marks previously used in that business, and therefore to cause his name and address to be entered on the register as proprietor
thereof (Sec. 33).
An assignment by one only of several partners of the goodwill of the partnership business, and of the trade- -Lorks used therewith, could not be effective under any circumstances; and, under the special circumstances of this case, an assigment executed by one alone would only serve to complicate
matters so much so that the Registrar of trade-marks would be
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