603318-1940-Supplementary-Draft-Bills---Shops-Hours-of-Closing--Trade-Marks-emergency--Administration-of-Estates-by-COnsular-Officers-Hong-Kong-Corps-of-Air-Raid-Wardens — Page 3

Power of Registrar to suspend trade mark

rights of an enemy or an

enemy

subject.

160

(2) References in this Ordinance to any enactment shall be construed as references to that enactment as amended by any subsequent enactment, including, except where the context otherwise requires, this Ordinance.

3.---(1) Where it is made to appear to the Registrar that it is difficult or impracticable to describe or refer to an article or substance without the use of a trade mark registered in respect of that article or substance, being a trade mark which is, or has at any time since the beginning of the third day of September nineteen hundred and thirty-nine been, registered 2 & 3 Geo. 6, in the name of an enemy or an enemy subject, whether alone or jointly with another, or which is, or has at any such time as aforesaid been, in the proprietorship of an enemy or an enemy subject, whether alone or jointly with another, the following provisions of this section shall have effect.

c. 107, s. 3.

Effect of war on registra- tion of

trade marks. 2 & 3 Geo. 6,

c. 107, s. 4.

Ordinance

No. 40 of 1909.

(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 inade 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.

4.-(1) Notwithstanding the provisions of section 4 of the Trading with the Enemy Ordinance, 1914, or any rule of law relating to intercourse or dealings with or for the benefit of enemies, it shall be lawful, subject to the provisions of this Ordinance, for a trade mark to be registered under the Trade Marks Ordinance, 1909, on the application of an

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.

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