5245-1906-Bills-read-a-first-time--Trade-Marks — Page 6

1692 THE HONGKONG GOVERNMENT GAZETTE, SEPT. 28, 1906.

Non-com- pletion of registration.

Assignment and trans- mission of trade marks.

Assignment

of traile

marks on dissolution

of partner- ship.

21. Where registration of a trade mark is not completed within twelve months from the date of the application by reason of default on the part of the applicant, the Registrar may, after giving notice of the non-completion to the applicant in writing by registered letter, treat the application as abandoned unless it is completed within the time specified in that behalf in such notice.

Assignment.

22. A trade mark when registered shall be assigned and transmitted only in connexion 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 possession or protectorate or foreign country in connexion with any goods for which it is registered together with the goodwill of the business therein in such goods.

23.--(1) When a person becomes entitled to a regis- tered trade mark by assignment, trausmission or other operation of law a request for the entry of his name in the register

as proprietor of the trade mark should be addressed to the Registrar. Such request shall in the case of an individual be made and signed by the claimant and in the case of a firm or partnership by one or more members of such firm or partnership and in the case of a body corporate shall be signed by a Director or by the Secretary or other principal officer of such body cor- porate.

(2) Every such request shall state the name, address, and description of the person claiming to be entitled to the trade mark and the particulars of the assignment, transmission, or other operation of law, by virtue of which he requires to be entered in the register as pro- prietor, so as to show the manner in which, and the person or persons to whom, the trade mark has been assigned or transmitted, and so as to show further that it has been so assigned or transmitted in con- nexion with the goodwill of the business concerned in the particular goods or classes of goods for which the trade mark has been registered.*

(3) Every such request shall be accompanied by a statutory declaration to be thereunder written, verifying the several statements therein, and declaring that the particulars above described comprise every material fact and document affecting the proprietorship of the trade mark as claimed by such request, and further' overy such request shall be accompanied by the originaļ Deed of Assignment or by a certified copy of the samé.

(4) The person claiming to be entitled to the trade mark shall furnish to the Registrar such other proof of title and of the existence and ownership of such good- will as aforesaid as he may require for his satisfaction. And the Registrar after registering any assignment or change of interest of a trade mark shall publish notice of such registration in The Gazette.

24. In any case where from any cause, whether by reason of dissolution of partnership or otherwise, a por- 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 Or- dinance as to associated trade marks), on the application of the parties interested, permit an apportionment of the registered 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.