1806
Assignment and transmission of trade marks. 5 Edw. 7, c. 15, s. 22.
Apportionment of
marks on
partnership. 5 Edw. 7,
c. 15, s. 23.
No. 40 of 1909.
TRADE MARKS.
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 connexion 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 three 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.
22. A trade mark when registered shall be assigned and transmitted only in connexion 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 connexion with any goods for which it is registered together with the goodwill of the business therein in such goods.
23. In any case where from any cause, whether by reason of dissolution of partnership or otherwise, a person ceases to carry on business, and the goodwill of such person does not pass to one successor but is divided, the Registrar may (subject to the provisions of this Ordinance as to associated trade marks), on the application of the parties interested, permit an apportionment of the registered trade marks of the person among the persons in fact continuing the business, subject to such conditions and modifications, if any, as he may think necessary in the public interest. Any decision of the Registrar under this section shall be subject to appeal to the court.
1806
Assignment and transmission of trade marks. 5 Edw. 7, c. 15, s. 22.
Apportion- ment of
marks on
partnership. 5 Edw. 7,
c. 15, s. 23.
No. 40 of 1909.
TRADE MARKS.
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 connexion 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 three 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.
22. A trade mark when registered shall be assigned and transmitted only in connexion 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 connexion with any goods for which it is registered together with the goodwill of the business therein in such goods.
23. In any case where from any cause, whether by reason of dissolution of partnership or otherwise, a person ceases to dissolution of carry on business, and the goodwill of such person does not pass to one successor but is divided, the Registrar may (subject to the provisions of this Ordinance as to associated trade marks), on the application of the parties interested, permit an apportionment of the registered trade marks of the person among the persons in fact continuing the business, subject to such conditions and modifications, if any, as he may think necessary in the public interest. Any decision of the Registrar under this section shall be subject to appeal to the court.
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