12777-1909-Ordinances-passed-and-assented-to--Trade-Marks-No-40 — Page 6

1038 THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 10, 1909.

Identical marks.

5 Edw. 7 c. 15 s. 19.

Rival clains

marks. Ib, s. 20.

Identical Trade Marks.

19. Except in the case of trade marks in use before the thirteenth day of August one thousand eight hundred and seventy-five which are registered in the United Kingdom as old marks used before the said date, no trade mark shall be registered in respect of any goods or description of goods which is identical with one belonging to a different proprietor which is already on the register with respect to such goods or description of goods, or so nearly resembling such a trade mark as to be calculated to deceive.

20. Where each of several persons claims to be pro- to identical prietor of the same trade mark, or of nearly identical trade marks in respect of the same goods or description of goods, and to be registered as such proprietor, the Regis trar 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 appeal by the Court.

Protection of

tered in country of origin.

21. The Registrar may refuse to register any trade marks regis mark if it is proved to his satisfaction by the person opposing the application for registration that such” mark is identical with, or so nearly resembles as to be calculated to deceive, any trade mark which is already registered (in respect of goods of the same description as those in respect of which registration in Hongkong is applied for) in a country or place from which goods of that description originate.

Assignment and

transmission of trade marks. Ib. s. 22.

Apportion- ment of

marks on dissolution of part- nership.

b. s. 23.

Associated

Ib. s. 24.

Provided always that no application to register shall be refused under this section in the following cases :---

(a.) if the applicant proves that he or his prede- cessors in business have in Hongkong in connection with such goods as aforesaid continuously used the trade mark, the re- gistration of which is applied for, from a date anterior to the date of the registration of the other trade mark in such country or place of origin; or

(4.) unless the opponent gives 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 Hongkong of the trade mark so registered in the country or place of origin, and will take all necessary steps to complete such registra-

tion.

Assignment.

22. A trade mark when registered shall be assigned and transmitted only in connection with the goodwill of the business concerned in the goods for which it has been registered and shall be determinable with that goodwill. But nothing in this section contained shall be deemed to affect the right of the proprietor of a registered trade mark to assign the right to use the same in any British posses- sion or protectorate or foreign country in connection with any goods for which it is registered together with the goodwill of the business thereiù in such goods.

23. In any case where from any cause, whether by reason of dissolution of partnership or otherwise, a per- son ceases to carry on business, and the goodwill of such person does not pass to one successor but is divided, the Registrar may (subject to the provision of this Ordinance as to associated trade marks), on the application of the parties interested, permit an apportionment of the regis tered trade marks of the person among the persons in fact continuing the business, subject to such conditions and modifications, if any, as he may think necessary in the public interest. Any decision of the Registrar under this section shall be subject to appeal to the Court.

Associated Trade Marks.

24. If application be made for the registration of a trade marks. trade mark so closely resembling a trade mark of the applicant already on the register for the same goods or description of goods as in the opinion of the Registrar to be calculated to deceive or cause confusion if used by a person other than the applicant, the Tribunal hearing the applicant may require as a condition of registration that such trade marks shall be entered on the register as associated trade marks.

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