1814
User of
name, address, or description of goods.
5 Edw. 7, c. 15, s. 44.
"Passing off" action.
5 Edw. 7, c. 15, s. 45.
Certificate of validity. 5 Edw. 7, c. 15, s. 46.
Registrar to
have notice of proceeding for rectifica-
tion.
5 Edw. 7, c. 15, s. 47.
Costs of proceedings
before court.
5 Edw. 7, c. 15, s. 48.
No. 40 of 1909.
TRADE MARKS.
45. No registration under this Ordinance shall interfere with any bona fide use by a person of his own name or place of business, or that of any of his predecessors in business, or the use by any person of any bona fide description of the character or quality of his goods.
46. Nothing in this Ordinance contained shall be deemed to affect rights of action against any person for passing off goods as those of another person or the remedies in respect thereof.
Legal proceedings.
47. In any legal proceeding in which the validity of the registration of a registered trade mark comes into question and is decided in favour of the proprietor of such trade mark, the court may certify the same, and if it so certifies, then in any subsequent legal proceeding in which such validity comes into question the proprietor of the said trade mark on obtaining a final order or judgment in his favour shall have his full costs, charges, and expenses as between solicitor and client, unless in such subsequent proceeding the court certifies that he ought not to have the same.
48. In any legal proceeding in which the relief sought includes alteration or rectification of the Register, the Registrar shall have the right to appear and be heard, and shall appear if so directed by the court. Unless otherwise directed by the court, the Registrar in lieu of appearing and being heard may submit to the court a statement in writing signed by him, giving particulars of the proceedings before him in relation to the matter in issue or of the grounds of any decision given by him affecting the same or of the practice of the office in like cases, or of such other matters relevant to the issues, and within his knowledge as such Registrar, as he shall think fit, and such statement shall be deemed to form part of the evidence in the proceeding.
Costs.
49. In all proceedings before the court under this Ordinance, the costs of the Registrar shall be in the discretion of the court, but the Registrar shall not be ordered to pay the costs of any other of the parties.
1814
User of
name, address, or description of goods.
5 Edw. 7, c. 15, s. 44.
"Passing off" action.
5 Edw. 7, c. 15, s. 45.
Certificate of validity. 5 Edw. 7, c. 15, s. 46.
Registrar to
have notice of proceeding for rectifica-
tion.
5 Edw. 7, c. 15, s. 47.
Costs of proceedings
before court.
5 Edw. 7,
c. 15, s. 48.
No. 40 of 1909.
TRADE MARKS.
45. No registration under this Ordinance shall interfere with any bona fide use by a person of his own name or place of business, or that of any of his predecessors in business, or the use by any person of any bonâ fide description of the character or quality of his goods.
46. Nothing in this Ordinance contained shall be deemed to affect rights of action against any person for passing off goods as those of another person or the remedies in respect thereof.
Legal proceedings.
47. In any legal proceeding in which the validity of the registration of a registered trade mark comes into question and is decided in favour of the proprietor of such trade mark, the court may certify the same, and if it so certifies, then in any subsequent legal proceeding in which such validity comes into question the proprietor of the said trade mark on obtaining a final order or judgment in his favour shall have his full costs, charges, and expenses as between solicitor and client, unless in such subsequent proceeding the court certifies that he ought not to have the same.
48. In any legal proceeding in which the relief sought includes alteration or rectification of the Register, the Reg- istrar, shall have the right to appear and be heard, and shall appear if so directed by the court. Unless otherwise directed by the court, the Registrar in lieu of appearing and being heard may submit to the court a statement in writing signed by him, giving particulars of the proceedings before him in relation to the matter in issue or of the grounds of any decision given by him affecting the same or of the practice of the office in like cases, or of such other matters relevant to the issues, and within his knowledge as such Registrar, as he shall think fit, and such statement shall be deemed to form part of the evidence in the proceeding.
Costs.
49. In all proceedings before the court under this Ordi- nance, the costs of the Registrar shall be in the discretion of the court, but the Registrar shall not be ordered to pay the costs of any other of the parties.
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