12777-1909-Ordinances-passed-and-assented-to--Trade-Marks-No-40 — Page 7

THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 10, 1909. 1039

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5 Edw. 7

c. 15 s. 25.

25. If the proprietor of a trade mark claims to be Combined entitled to the exclusive use of any portion of such trade trade marks. 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 mark, 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 contains.

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

(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.

Ib. 8. 26.

trade marks.

27. Associated trade marks shall be assignable or Assignment transmissible only as a whole and not separately, but and user of they shall for all other purposes be deemed to have been associated registered as separate trade marks. Provided that, where Ib. s. 27. under the provisions of this Ordinance user of a registered trade mark is required to be proved for any purpose, the Tribunal may, if and so far as it shall think right, accept user of an associated registered trade mark, or of the trade mark with additions or alterations not substanti- ally affecting its identity, us an equivalent for such

user.

Renewal of Registration.

28. The registration of a trade mark shall be for a Duration of period of fourteen years, but may be renewed from time to registration. time in accordance with the provisions of this Ordinance.

Ib. s. 28.

29. The Registrar shall, on application made by the Renewal of registered proprietor of a trade mark in the prescribed registration. manner and within the prescribed period, renew the regis- 16. s. 29. 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".

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30. At the prescribed time before the expiration of the Procedure on last registration of a trade mark the Registrar shall send expiry of notice in the prescribed manner to the registered pro- registration.

period of prietor at his registered address of the date at which the 16. 6. 30. existing registration will expire and the conditions 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.

Status of unrenewed

trade marks.

31. 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 .31. application for registration during one year next after the date of such removal, be deemed to be a 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.

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