1912_TRADE_MARKS_ORDINANCE__1909 — Page 14

TRADE MARKS.

No. 40 of 1909.

1867

in all respects unless such original registration was obtained by fraud, or unless the trade mark offends against the provisions of section 11.

Provided that nothing in this Ordinance shall entitle the pro- prietor of a registered trade mark to interfere with or restrain the user by any person of a similar trade mark upon or in connection with goods upon or in connection with which such person has, by himself or his predecessors in business, continuously used such trade mark from a date anterior to the user of the first mentioned trade mark by the proprietor thereof or his predecessors in business.

mark on

*

42. (1) The Court may, on the application in writing made Removal of within 7 years from the registration of a trade mark in Hongkong by proot of any person aggrieved by such registration, remove such trade mark prior from the register, if it is proved to the satisfaction of the Court that in country

registration such trade mark is identical with, or so nearly resembles as to be of origin. calculated to deceive, any trade mark which was, prior to the registration in Hongkong of the first mentioned trade mark, registered (in respect of goods of the same description as those in respect of which the first mentioned trade mark is registered in Hongkong) in a country or place from which goods of that descrip- tion originate.

Provided always that no trade mark shall be removed from the register under this section in the following cases-

(a) if the proprietor of the other trade mark consented to the registration in Hongkong of the first mentioned trade mark; or

(b) if the proprietor of the trade mark registered in Hongkong proves that he or his predecessors in business have continuously used such trade mark in Hongkong in connection with such goods as aforesaid from a date anterior to the date of the registration of the other trade mark in the country or place of origin: or

(c) unless the applicant proves either that within the 5 years im- mediately preceding the making of the application under this sec- tion there has been bonâ fide user in connection with such goods as aforesaid in Hongkong of the trade mark registered in the country or place of origin, or that the special circumstances of the trade account for the non-user of such trade mark in Hongkong within the same period, or that the trade mark so registered in the country or place of origin was first registered there within the like

* As amended by No. 13 of 1912.

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