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THE HONGKONG GOVERNMENT GAZETTE, OCTOBER 8, 1909.

Combined

26. If the proprietor of a trade mark claims to be trade marks. entitled to the exclusive use of any portion of such trade mark separately, he may apply to register the same as separate trade marks, Each such separate trade mark must satisfy all the conditions and shall have all the incidents of an independent trade mrrk, except that when registered it and the trade mark of which it forms a part shall be deemed to be associated trade marks and shall be entered on the register as such, but the user of the whole trade mark shall for the purposes of this Ordinance be deemed to be also a user of such registered trade marks belonging to the same proprietor as it

Series of

contains.

27. When a person claiming to be the proprietor of trade marks. several trade marks for the same description of goods which, while resembling each other in the material particulars thereof, yet differ in respect of

Assignment and user of associated

(a.) statements of the goods for which they are respectively used or proposed to be used; or (b) statements of number, price, quality, or names

of places; or

(c.) other matter of a non-distinctive character which does not substantially affect the identity of the trade mark; or

(d) colour;

seeks to register such trade marks, they may be regis- tered as a series in one registration. All the trade marks in a series of trade marks so registered shall be deemed to be, and shall be registered as, associated trade marks.

28. Associated trade marks shall be assignable or transmissible only as a whole and not separately, but trade marks, they shall for all other purposes be deemed to have been registered as separate trade marks. Provided that, where under the provisions of this Ordinance user of a registered trade mark is required to be proved for any purpose, the Registrar or the Court may, if and so far as they shall think right, accept user of an associated registered trade mark, or of the trade mark with additions or alterations not substantially affecting its identity, as an equivalent for such user.

Duration of

Renewal of Registration.

29. The registration of a trade mark shall be for a registration. period of fourteen years, but may be renewed from time to

time in accordance with the provisions of this Ordinance.

*Renewal of 30. The Registrar shall, on application made by the registration. registered proprietor of a trade mark in the prescribed

manner and within the prescribed period, renew the regis tration of such trade mark for a period of fourteen years from the expiration of the original registration or of the last renewal of registration, as the case may be, which date is herein termed "the expiration of the last regis- tration".

Procedure on expiry of period of

registration.

Status of unrenewed trade marks.

31. At the prescribed time before the expiration of the last registration of a trade mark the Registrar shall send notice in the prescribed manuer to the registered pro- prietor at his registered address of the date at which the existing registration will expire and the conditious as to payment of fees and otherwise upon which a renewal of such registration may be obtained, and if, at the expira- tion of the time prescribed in that behalf, such conditions have not been duly complied with, the Registrar may remove such trade mark from the register, subject to such conditions, if any, as to its restoration to the register as may be prescribed.

32. Where a trade mark has been removed from the register for non-payment of the fee for renewal, such trade mark shall, nevertheless, for the purpose of any application for registration during one year next after the date of such removal, be deemed to be à trade mark which is already registered, unless it is shown to the satisfaction of the Registrar that there has been no bonâ fide trade user of such trade mark during the two years immediately preceding such removal.

ས་ གཟ་ཁ་

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