1923_TRADE_MARKS_ORDINANCE__1909 — Page 7

HK Historical Laws 香港歷史法例 All AI Reviewed

TRADE MARKS.

No. 40 of 1909.

1805

trade mark, when registered, shall be registered as of the date of the application for registration, and such date shall be deemed for the purposes of this Ordinance to be the date of registration.

5 Edw. 7,

17. On the registration of a trade mark, the Registrar shall issue to the applicant a certificate in the prescribed form of the registration of such trade mark under the hand and seal of the Registrar.

18. Where registration of a trade mark is not completed within twelve months from the date of the application by reason of default on the part of the applicant, the Registrar may, after giving notice of the non-completion to the applicant in writing in the prescribed manner, treat the application as abandoned unless it is completed within the time specified in that behalf in such notice.

Identical trade marks.

19. Except in the case of trade marks in use before the 13th day of August, 1875, which are registered in the United Kingdom as old marks used before the said date, no trade mark shall be registered in respect of any goods or description of goods which is identical 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.

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:

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TRADE MARKS. No. 40 of 1909. 1805 trade mark, when registered, shall be registered as of the date of the application for registration, and such date shall be deemed for the purposes of this Ordinance to be the date of registration. 5 Edw. 7, 17. On the registration of a trade mark, the Registrar shall issue to the applicant a certificate in the prescribed form of the registration of such trade mark under the hand and seal of the Registrar. 18. Where registration of a trade mark is not completed within twelve months from the date of the application by reason of default on the part of the applicant, the Registrar may, after giving notice of the non-completion to the applicant in writing in the prescribed manner, treat the application as abandoned unless it is completed within the time specified in that behalf in such notice. Identical trade marks. 19. Except in the case of trade marks in use before the 13th day of August, 1875, which are registered in the United Kingdom as old marks used before the said date, no trade mark shall be registered in respect of any goods or description of goods which is identical 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. 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:
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TRADE MARKS. No. 40 of 1909. 1805 trade mark, when registered, shall be registered as of the date of the application for registration, and such date shall be deemed for the purposes of this Ordinance to be the date of registration. 5 Edw. 7, 17. On the registration of a trade mark, the Registrar shall Certificate of issue to the applicant a certificate in the prescribed form of registration. the registration of such trade mark under the hand and seal c. 15, s. 17. of the Registrar. tion of 18. Where registration of a trade mark is not completed Non-comple- within twelve months from the date of the application by registration. reason of default on the part of the applicant, the Registrar 5 Edw. 7, may, after giving notice of the non-completion to the c. 15, s. 18. applicant in writing in the prescribed manner, treat the application as abandoned unless it is completed within the time specified in that behalf in such notice. Identical trade marks. marks. 19. Except in the case of trade marks in use before the Identical 13th day of August, 1875, which are registered in the United 5 Edw. 7, Kingdom as old marks used before the said date, no trade c. 15, s. 19. mark shall be registered in respect of any goods or descrip- tion of goods which is identical 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. marks. 20. Where each of several persons claims to be proprietor Rival claims of the same trade mark, or of nearly identical trade marks to identical in respect of the same goods or description of goods, and to 5 Edw. 7, be registered as such proprietor, the Registrar may refuse c. 15, s. 20. to register any of them until their rights have been de- termined by the court, or have been settled by agreement in a manner approved by him or on appeal by the court. tered in 21. The Registrar may refuse to register any trade mark Protection of if it is proved to his satisfaction by the person opposing the marks regis- application for registration that such mark is identical with, country of or so nearly resembles as to be calculated to deceive, any origin. trade mark which is already registered (in respect of goods of the same description as those in respect of which regis- tration in Hongkong is applied for) in a country or place. from which goods of that description originate :
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TRADE MARKS.

No. 40 of 1909.

1805

trade mark, when registered, shall be registered as of the date of the application for registration, and such date shall be deemed for the purposes of this Ordinance to be the date of registration.

5 Edw. 7,

17. On the registration of a trade mark, the Registrar shall Certificate of issue to the applicant a certificate in the prescribed form of registration. the registration of such trade mark under the hand and seal c. 15, s. 17. of the Registrar.

tion of

18. Where registration of a trade mark is not completed Non-comple- within twelve months from the date of the application by registration. reason of default on the part of the applicant, the Registrar 5 Edw. 7, may, after giving notice of the non-completion to the c. 15, s. 18. applicant in writing in the prescribed manner, treat the application as abandoned unless it is completed within the time specified in that behalf in such notice.

Identical trade marks.

marks.

19. Except in the case of trade marks in use before the Identical 13th day of August, 1875, which are registered in the United 5 Edw. 7, Kingdom as old marks used before the said date, no trade c. 15, s. 19. mark shall be registered in respect of any goods or descrip- tion of goods which is identical 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.

marks.

20. Where each of several persons claims to be proprietor Rival claims of the same trade mark, or of nearly identical trade marks to identical in respect of the same goods or description of goods, and to 5 Edw. 7, be registered as such proprietor, the Registrar may refuse c. 15, s. 20. to register any of them until their rights have been de- termined by the court, or have been settled by agreement in a manner approved by him or on appeal by the court.

tered in

21. The Registrar may refuse to register any trade mark Protection of if it is proved to his satisfaction by the person opposing the marks regis- application for registration that such mark is identical with, country of or so nearly resembles as to be calculated to deceive, any origin. trade mark which is already registered (in respect of goods of the same description as those in respect of which regis- tration in Hongkong is applied for) in a country or place. from which goods of that description originate :

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