TRADE MARKS.
No. 40 of 1909.
1861
to identical marks.
with one belonging to a different proprietor which is already on the register with respect to such goods or description of goods, or so nearly resembling such a trade mark as to be calculated to deceive.
20. Where each of several persons claims to be proprietor of the same trade mark, or of nearly identical trade marks in respect of the same goods or description of goods, and to be registered as such proprietor, the Registrar may refuse to register any of them until their rights have been determined by the Court, or have been settled by agreement in a manner approved by him or on appeal by the Court.
5 Edw. 7 c. 15 s. 20.
21. The Registrar may refuse to register any trade mark if it is proved to his satisfaction by the person opposing the application for registration that such mark is identical with, or so nearly resembles as to be calculated to deceive, any trade mark which is already registered (in respect of goods of the same description as those in respect of which registration in Hongkong is applied for) in a country or place from which goods of that description originate. Provided always that no application to register shall be refused under this section in the following cases :-
(a) if the applicant proves that he or his predecessors in business have in Hongkong in connection with such goods as aforesaid continuously used the trade mark, the registration of which is applied for, from a date anterior to the date of the registration of the other trade mark in such country or place of origin; or
(b) unless the opponent gives an undertaking to the satisfaction of the Registrar that he will, within 3 months from the giving of the notice of opposition, apply for registration in Hongkong of the trade mark so registered in the country or place of origin, and will take all necessary steps to complete such registration.
Assignment.
transmission
of trade
marks.
22. A trade mark when registered shall be assigned and transmitted only in connection with the goodwill of the business concerned in the goods for which it has been registered, and shall be determinable with that goodwill. But nothing in this section contained shall be deemed to affect the right of the proprietor of a registered trade mark to assign the right to use the same in any British possession or protectorate or foreign country in connection with any goods for which it is registered together with the goodwill of the business therein in such goods.
...
TRADE MARKS.
No. 40 of 1909.
1861
to identical marks.
with one belonging to a different proprietor which is already on the register with respect to such goods or description of goods, or so nearly resembling such a trade mark as to be calculated to deceive.
20. Where each of several persons claims to be proprietor of the Rival claims same trade mark, or of nearly identical trade marks in respect of the same goods or description of goods, and to be registered as such 5 Edw. 7 proprietor, the Registrar may refuse to register any of them until their rights have been determined by the Court, or have been settled by agreement in a manner approved by him or on appeal by the Court.
c. 15 s. 20.
tered in
21. The Registrar may refuse to register any trade mark if it is Protection of proved to his satisfaction by the person opposing the application for marks regis registration that such mark is identical with, or so nearly resembles country of as to be calculated to deceive, any trade mark which is already origin. registered (in respect of goods of the same description as those in respect of which registration in Hongkong is applied for) in a country or place from which goods of that description originate. Provided always that no application to register shall be refused under this section in the following cases :-
(a) if the applicant proves that he or his predecessors in business have in Hongkong in connection with such goods as aforesaid continuously used the trade mark, the registration of which is applied for, from a date anterior to the date of the registration of the other trade mark in such country or place of origin; or
(b) unless the opponent gives an undertaking to the satisfaction of the Registrar that he will, within 3 months from the giving of the notice of opposition, apply for registration in Hongkong of the trade mark so registered in the country or place of origin. and will take all necessary steps to complete such registration.
Assignment.
transmission
of trade
ib. s. 22.
marks.
22. A trade mark when registered shall be assigned and trans- Assignment mitted only in connection with the goodwill of the business con- and cerned in the goods for which it has been registered, and shall be determinable with that goodwill. But nothing in this section contained shall be deemed to affect the right of the proprietor of a registered trade mark to assign the right to use the same in any British possession or protectorate or foreign country in connection with any goods for which it is registered together with the goodwill of the business therein in such goods.
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