12777-1909-Ordinances-passed-and-assented-to--Trade-Marks-No-40 — Page 8

1040 THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 10, 1909.

Correction of register.

5 Edw. 7

c. 15 s. 32.

Registration of assign. ments. Ib. s. 33.

Alteration of registered trade mark. Ib. s. 34.

Rectification of register. Ib. s. 35.

Trade marks registered under previous Acts.

Ib. s. 36.

Correction and Rectification of the Register.

32. The Registrar may, on request made in writing by the registered proprietor or by some person entitled by law to act in his name-

(1) Correct any error in the name or address of

the registered proprietor of a trade mark; or (2) Enter any change in the name or address of the person who is registered as proprietor of a trade mark; or

(3) Cancel the entry of a trade mark on the

register; or

(4) Strike out any goods or classes of goods from those for which a trade mark is registered; Or (5) Enter a disclaimer or memorandum relating to a trade mark which does not in any way extend the rights given by the existing regis- tration of such trade mark.

Any decision of the Registrar under this section shall he subject to appeal to the Court.

33. Subject to the provisions of this Ordinance, where a person becomes entitled to a registered trade mark by assignment, transmission, or other operation of law, the Registrar shall, on request made in the prescribed manner and on proof of title to his satisfaction, cause the name and address of such person to be entered on the register as proprietor of the trade mark.

Any decision of the Registrar under this section shall be subject to appeal to the Court.

34. The registered proprietor of any trade mark may apply in writing to the Registrar for leave to add to or alter such trade mark in any manner not substantially affecting the identity of the same, and the Registrar may refuse such leave or may grant the same on such terms as he may think fit, but any such refusal or conditional permission shall be subject to appeal to the Court. If leave be granted, the trade mark as altered shall be advertised in the prescribed manner.

35. Subject to the provisions of this Ordinance-

(1) The Court may, on the application in writing of any person aggrieved by the non- insertion in or omission from the register of any entry, or by any entry made in the register without sufficient cause, or by any entry wrongly remaining on the register, or by any error or defect in any entry in the register, make such order for making, expung- ing, or varying such entry, as it may think fit. (2) The Court may in any proceeding under this sec- tion decide any question that it may be ne- cessary or expedient to decide in connection with the rectification of the register.

(3) In case of fraud in the registration or transmission of a registered trade mark the Registrar may himself apply to the Court under the provi- sions of this section.

(4) Any order of the Court rectifying the register shall direct that notice of the rectification shall be served upon the Registrar in the prescribed manner who shall upon receipt of such notice rectify the register accordingly.

36. No trade mark which is upon the register at the commencement of this Ordinance and which under this Ordinance is a registrable trade mark shall be removed from the register on the ground that it was not registra- ble under the Ordinance in force at the date of its regis- tration. But nothing in this section contained shall subject any person to any liability in respect of any act or thing done before the commencement of this Ordinance to which he would not have been subject under the Ordinance then in force.