1923_TRADE_MARKS_ORDINANCE__1909 — Page 15

HK Historical Laws 香港歷史法例 All AI Reviewed
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TRADE MARKS.

No. 40 of 1909.

1813

those in respect of which the first-mentioned trade mark is registered in Hongkong) in a country or place from which goods of that description 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 connexion 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 five years immediately preceding the making of the application under this section there has been bonâ fide user in connexion 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 period of five years, and in either event gives an undertaking to the satisfaction of the Registrar that he will within three months from the making of the application under this section 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.

(2) All applications under this section shall be heard in open court in the Supreme Court in its original jurisdiction.

43. No person shall be entitled to institute any proceedings to recover damages for the infringement of a trade mark not registered in the Colony.

5 Edw. 7. c. 15, s. 42.

7, c. 15, s. 43.

44. In an action for the infringement of a trade mark the court trying the question of infringement shall admit evidence of the usages of the trade in respect to the get-up of the goods for which the trade mark is registered, and of any trade marks or get-up legitimately used in connexion with such goods by other persons.

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TRADE MARKS. No. 40 of 1909. 1813 those in respect of which the first-mentioned trade mark is registered in Hongkong) in a country or place from which goods of that description 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 connexion 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 five years immediately preceding the making of the application under this section there has been bonâ fide user in connexion 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 period of five years, and in either event gives an undertaking to the satisfaction of the Registrar that he will within three months from the making of the application under this section 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. (2) All applications under this section shall be heard in open court in the Supreme Court in its original jurisdiction. 43. No person shall be entitled to institute any proceedings to recover damages for the infringement of a trade mark not registered in the Colony. 5 Edw. 7. c. 15, s. 42. 7, c. 15, s. 43. 44. In an action for the infringement of a trade mark the court trying the question of infringement shall admit evidence of the usages of the trade in respect to the get-up of the goods for which the trade mark is registered, and of any trade marks or get-up legitimately used in connexion with such goods by other persons. Page 15 Page 16
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TRADE MARKS. No. 40 of 1909. 1813 | those in respect of which the first-mentioned trade mark is registered in Hongkong) in a country or place from which goods of that description 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 connexion 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 five years immediately preceding the making of the application under this section there has been bonâ fide user in connexion 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 period of five years, and in either event gives an undertaking to the satisfaction of the Registrar that he will within three months from the making of the application under this section 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. (2) All applications under this section shall be heard in open court in the Supreme Court in its original jurisdiction. 43. No person shall be entitled to institute any proceed- Unregistered ings to recover damages for the infringement of a trade mark trade mark. not registered in the Colony. 5 Edw. 7. c. 15, s. 42. 7, c. 15, s. 43. 44. In an action for the infringement of a trade mark Infringement. the court trying the question of infringement shall admit 5 Edw. 7 evidence of the usages of the trade in respect to the get-up of the goods for which the trade mark is registered, and of any trade marks or get-up legitimately used in connexion with such goods by other persons. Page 15Page 16
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TRADE MARKS.

No. 40 of 1909.

1813

|

those in respect of which the first-mentioned trade mark is registered in Hongkong) in a country or place from which goods of that description 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 connexion 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 five years immediately preceding the making of the application under this section there has been bonâ fide user in connexion 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 period of five years, and in either event gives an undertaking to the satisfaction of the Registrar that he will within three months from the making of the application under this section 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.

(2) All applications under this section shall be heard in open court in the Supreme Court in its original jurisdiction.

43. No person shall be entitled to institute any proceed- Unregistered ings to recover damages for the infringement of a trade mark trade mark. not registered in the Colony.

5 Edw. 7. c. 15, s. 42.

7,

c. 15, s. 43.

44. In an action for the infringement of a trade mark Infringement. the court trying the question of infringement shall admit 5 Edw. 7 evidence of the usages of the trade in respect to the get-up of the goods for which the trade mark is registered, and of any trade marks or get-up legitimately used in connexion with such goods by other persons.

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