581023-1940-Ordinances-passed-and-assented-to--Inc — Page 15

THE HONG KONG GOVERNMENT GAZETTE, MARCH 15, 1940.

(2) On the application of any person who proposes to deal in the course of trade in Hong Kong with an article or substance which is or is intended to be the same as, or equivalent to or a substitute for, the article or substance in respect of which the trade mark is registered, the Registrar may order that the right to the use of the trade mark given by the registration thereof shall be suspended-

(a) so far as regards use thereof by the applicant and any such use thereof by the other person in relation to goods connected in the course of trade with the applicant as would not be an infringement of the said right if the applicant were the proprietor of the trade mark ;

(b) to such extent and for such period as the Registrar may consider necessary for enabling the applicant to render well-known and established some description of, or means of reference to, the article or substance with which he proposes to deal in the course of trade, being a description or means of reference which does not involve the use of the trade mark.

(3) Where an order has been made under the last fore- going sub-section, no action for passing off shall lie on the part of any person interested in the trade mark in respect of any use thereof which, by virtue of the order, is not an infringement of the right to the use thereof given by the registration thereof.

(4) An order under this section may be varied or revoked by a subsequent order made by the Registrar.

tion of

4. (1) Notwithstanding the provisions of section 4 of Effect of war the Trading with the Enciny Ordinance, 1914, or any rule of on registra law relating to intercourse or dealings with or for the benefit trade marks. of enemies, it shall be lawful, subject to the provisions of 2 & 3 Geo. 6, this Ordinance, for a trade mark to be registered under the e. 107, s. 4. Trade Marks Ordinance, 1909, on the application of an Ordinance

enemy:

Provided that, where such a registration as aforesaid is effected on the application of an enemy-

(i) the person registered shall not be entitled to require the issue of the certificate of registration; and

(ii) the rights conferred by the registration shall be subject to any relevant provisions of any enactment for the time being in force relating to the property of an enemy.

(2) The Registrar may, in any case in which in his opinion it is desirable in the public interest so to do, refuse to take, or suspend the taking of, any proceedings on or in relation to an application of an enemy for the registration of a trade mark.

(3) No act requisite for enabling such a registration as aforesaid to be effected, in so far as it is done for that purpose and for that purpose only, shall, whether the registration is effected or not, be treated as a contravention of any of the provisions of section 4 of the Trading with the Enemy Ordin- ance, 1914, or of any rule of law relating to intercourse or dealings with or for the benefit of enemies.

No. 40 of 1909.

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