1152
No. 40 of 1909.
TRADE MARKS.
Trade marks registered under previous enactments. 5 Edw. 7, c 15, s. 36. [cf. s. 6.]
Non-user of trade mark. 5 Edw. 7, c. 15, s. 37.
Powers of registered proprietor. 5 Edw. 7, c. 15, s. 38.
Rights of proprietor of trade mark. 5 Edw. 7, c. 15, s. 39.
36. No trade mark which is upon the register at the commencement of this Ordinance and which under this Ordinance is a registrable trade mark shall be removed from the register on the ground that it was not registrable under the Ordinance in force at the date of its registration. But nothing in this section contained shall subject any person to any liability in respect of any act or thing done before the commencement of this Ordinance to which he would not have been subject under the Ordinance then in force.
37. A registered trade mark may, on the application to the court of any person aggrieved, be taken off the register in respect of any of the goods for which it is registered, on the ground that it was registered by the proprietor or a predecessor in title without any bonâ fide intention to use the same in connexion with such goods, and that there has in fact been no bonâ fide user of the same in connexion therewith, or on the ground that there has been no bonâ fide user of such trade mark in connexion with such goods during the five years immediately preceding the application, unless in either case such non-user is shown to be due to special circumstances in the trade, and not to any intention not to use or to abandon such trade mark in respect of such goods.
Effect of registration.
38. Subject to the provisions of this Ordinance-
(1) the person for the time being entered in the register as proprietor of a trade mark shall, subject to any rights appearing from such register to be vested in any other person, have power to assign the same, and to give effectual receipts for any consideration for such assignment;
(2) any equities in respect of a trade mark may be enforced in like manner as in respect of any other property.
39. Subject to the provisions of section 41 and to any limitations and conditions entered upon the register, the registration of a person as proprietor of a trade mark shall, if valid, give to such person the exclusive right to the use of such trade mark upon or in connexion with the goods in respect of which it is registered: Provided always that where two or more persons are registered proprietors of the same (or substantially
1152
No. 40 of 1909.
TRADE MARKS.
Trade marks registered
under previous enactments. 5 Edw. 7, c 15, s. 36. [cf. s. 6.]
Non-user of trade mark. 5 Edw. 7,
c. 15, s. 37.
Powers of registered proprietor. 5 Edw. 7, c. 15, s. 38.
Rights of proprietor of
trade mark. 5 Edw. 7,
c. 15, s. 39.
36. No trade mark which is upon the register at the com- mencement of this Ordinance and which under this Ordinance is a registrable trade mark shall be removed from the register on the ground that it was not registrable under the Ordinance in force at the date of its registration. But nothing in this section contained shall subject any person to any liability in respect of any act or thing done before the commencement of this Ordinance to which he would not have been subject under the Ordinance then in force.
37. A registered trade mark may, on the application to the court of any person aggrieved, be taken off the register in respect of any of the goods for which it is registered, on the ground that it was registered by the proprietor or a predecessor in title without any bonâ fide intention to use the same in connexion with such goods, and that there has in fact been no bonâ fide user of the same in connexion therewith, or on the ground that there has been no bonâ fide user of such trade mark in connexion with such goods during the five years immediately preceding the application, unless in either case such non-user is shown to be due to special circumstances in the trade, and not to any intention not to use or to abandon such trade mark in respect of such goods.
Effect of registration.
38. Subject to the provisions of this Ordinance-
(1) the person for the time being entered in the register as proprietor of a trade mark shall, subject to any rights appearing from such register to be vested in any other person, have power to assign the same, and to give effectual receipts for any con- sideration for such assignment;
(2) any equities in respect of a trade mark may be enforced. in like manner as in respect of any other property.
39. Subject to the provisions of section 41 and to any limitations and conditions entered upon the register, the regis- tration of a person as proprietor of a trade mark shall, if valid, give to such person the exclusive right to the use of such trade mark upon or in connexion with the goods in respect of which it is registered: Provided always that where two or more persons are registered proprietors of the same (or substantially
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