THE HONGKONG GOVERNMENT GAZETTE, 23RD. NOVEMBER, 1889.
(4.) If the applicant'abandons his application after notica of opposition in pursuance of this section, he shall be liable to pay to the opponent such costs in respect of the opposi- tion as the Comptroller may determine to be reasonable.
(5.) Where the opponent is out of the Colony he shall give the Comptroller an address for service within the Colony.
19. Where each of several persons claims to be regis- tered as proprietor of the same new trade mark, the Comp- troller may refuse to register any of them until their rights have been determined according to law, and the Comptroller may himself submit or require the claimants, to submit their rights to the Court.
20. (1.) Except where the Court has decided that two or more persons are entitled to be registered as proprietors of the same new trade mark, the Comptroller shall not register in respect of the same goods or description of goods a new trade mark identical with one already on the register with respect to such goods or description of goods.
(2.) Except as aforesaid the Comptroller shall not register with respect to the same goods or description of goods a new trade mark having such resemblance to a trade mark already on the register with respect to such goods or de- scription of goods as to be calculated to deceive.
21. It shall not be lawful to register as part of or in combination with a trade mark any words the use of which would by reason of their being calculated to deceive or otherwise, be deemed disentitled to protection in a Court of Justice, or any scandalous design.
22. Nothing in this Ordinance shall be construed to prevent the Comptroller entering on the register, in the prescribed manner, and subject to the prescribed conditions as an addition to any new trade mark any distinctive word or combination of words, though the same is common to the trade in the goods with respect to which the appli- cation is made, provided the applicant for entry of any such addition state in his application the essential particulars of the trade mark and disclaim in his application any right to the exclusive use of the added matter and a copy of the statement and disclaimer be entered on the register, but a person need not under this section disclaim his own name or the foreign equivalent thereof or his place of business, but no entry of any such name shall affect the right of any owner of the same name to use that name or the foreign equivalent thereof.
23. Any trade mark when registered shall be assigned and transmitted only in connection with the goodwill of the business concerned in the particular goods or classes of goods for which it has been registered, and shall be determin- able with that goodwill.
PART IV.
General. Effect of Registration.
24. Application for Registration of a trade mark shall' be deemed to be. equivalent to public use of the trade mark, and the date of the application shall for the purposes of this Ordinance be deemed to be the date of registration.
25. The registration of a person as proprietor of a trade mark shall be primâ facie evidence of his right to the exclusive use of the trade mark, and shall after the expira- tion of five years from the date of the registration in this Colony whether under this Ordiuance or any enactment hereby repealed be conclusive evidence of his right to the exclusive use of the trade mark, subject to the provisions of this Ordinance.
26. A person shall not be entitled to institute any pro- ceeding in this Colony to prevent or to recover damages for the infringement of a trade mark unless, in the case of a trade mark capable of being registered under this Ordinance it has been registered in pursuance of this Ordinance, or of an enactment repealed by this Ordinance.
27. In a suit or action for infringement of a registered trade mark the Court or a Judge may certify that the right to the exclusive use of the trade mark came into question and if the Court or Judge so certifies, then in any subsequent suit or action for infringement the Plaintiff in such suit or action, on obtaining a final order or judgment in his favour, shall have his full costs charges and expenses as between solicitor and client, unless the Court or Judge trying the subsequent suit or action certifies to the contrary.
Conflicting claims to registration. (46 word 47, V. c. 57, 8. 71.)
Restrictions on registra-
100s. (46 and 47, V. c. 57, s. 72. 31 & 52. V.
c. 30, s. 14.)
Further restriction on registration. (46 and 47, V. c. 57, s. 73. 51 & 52, V. c. 50, 6. 15.)
Saving for power to provide for
entry on register of common marks a additions to trade marks. (46 and 47,
V. c. 57, R. 74. 51 & 52, V. c. 50. B. 16.)
Assignment and trans- mission of
rade mark. (46 and 47. V. c. 57, s. 70.)
Registration eqtivakuut
to public use. (46 and 47.
V. c. 57, s. 75. 5J & 52, V. e. 50, s. 17.)
Right of first proprietor to exclusive use of trade mark. (46 and 47,
V. c. 57, s. 76.j
Restrictions
on actions for infringement,
Madon defines to action in certain cases. 146 and 47, V. c. 7. 8. 77.)
Certinente 25 to exclusive use and cosŬS thereon, (61 & 52 V. c. 59), s. 18.)
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