5245-1906-Bills-read-a-first-time--Trade-Marks — Page 9

THE HONGKONG GOVERNMENT GAZETTE, SEPT. 28, 1906.

entry in the register, make such order for making, expunging, or varying such entry, as he may think fit.

(2) The Governor may in any proceeding under this section decide any question that it may be necessary or expedient to decide in con- nexion with the rectification of the register. (3) Any act or decision of the Registrar done or given under any provision of this Ordinance shall be subject to revision by the Governor.

vious Ordin-

38, No trade mark which is upon the register at the Trade marks commencement of this Ordinance and which under this registered Ordinance is a registrable trade mark shall be removed under pre- from the register on the ground that it was not registra- ances. ble under the Ordinance in force at the date of its registration. 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 subjeci under the Ordinance then in force,

trade mark,

39. A registered trade mark may, on the application Non-user of to the Governor-in-Council of any person aggrieved, be taken off the register in respect of any of the goods for which it is registered on the ground fit it was regis- tered by the proprietor or a predecessor in title without any bond fide intention to use the same in connexion with such goods, and that there has in fact been no bond file user of the same in connexion therewith, or on the ground that there has been no bonû jide user of such trade mark in connexion with such goods during the five years immediately preceding the application, unless in either case such non-user is shown to be due to special circumstances in the trade, and not to any intention not to use or to abandon such trade mark in respect of such goods.

40. It shall be lawful for the Governor-in-Council Power to at any time and on such grounds as he shall think suffi- cancel cient to cancel the registration of any trade mark on registration. the register.

Effect of Registration.

41. Subject to the provisions of this Ordinance :

Powers of registered

(1) The person for the time being entered in the proprietor.

Register as proprietor of a trade mark shall, subject to any rights appearing from such register to be vested in any other person, have power to assign the same and to give effectual receipts for any consideration for such assign-

ment.

be

(2) Any equities in respect of a trade mark may

enforced in like manner as in respect of any other property,

mark,

42. Subject to any limitations and conditions entered

Rights of upon the register the registration of a person as pro- proprietor prietor of a trade mark shall give to such person the of trade exclusive right to the use of such trade mark upon or in connexion with the goods in respect of which it is registered, so long as such trade mark remains on the register. Provided always, that where two or more persons are registered proprietors of the same (or sub- stantially the same) trade mark in respect of the same goods, no rights of exclusive user of such trade mark shall be acquired by any one of such persons as against any other by the registration thereof, but each of such persons shall otherwise have the same rights as if he were the sole registered proprietor thereof.

43. No person shall be entitled to institute any Unregis proceeding to prevent or to recover damages for the tered infringement of a trade mark not registered in this trade mark. Colony.

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