1937_TRADE_MARKS_ORDINANCE__1909 — Page 14

TRADE MARKS.

No. 40 of 1909.

1153

the same) trade mark in respect of the same goods, no rights. of exclusive user of such trade mark shall, except so far as their respective rights shall have been defined by the court, be acquired by any one of such persons as against any other by the registration thereof, but each of such persons shall otherwise have the same rights as if he were the sole registered proprietor thereof.

40. In all legal proceedings relating to a registered trade Registration to be primi mark (including applications under section 35), the fact that a facie person is registered as proprietor of such trade mark shall be evidence of primâ facie evidence of the validity of the original registration validity. of such trade mark and of all subsequent assignments and c. 15, s. 40. transmissions of the same.

5 Edw. 7,

conclusive

41. In all legal proceedings relating to a registered trade Registration mark (including applications under section 35), the original to be registration of such trade mark shall after the expiration of seven after seven years from the date of such original registration be taken to be years. valid in all respects unless such original registration was obtained c. 15, s. 41. by fraud, or unless the trade mark offends against the provisions of section II:

Provided that nothing in this Ordinance shall entitle the proprietor of a registered trade mark to interfere with or restrain the user by any person of a similar trade mark upon or in connexion with goods upon or in connexion with which such person has, by himself or his predecessors in business, con- tinuously used such trade mark from a date anterior to the user of the first-mentioned trade mark by the proprietor thereof or his predecessors in business.

5 Edw. 7,

*

[cf. ss. 6

and 39.]

proof of

in country

42. (1) The court may, on the application in writing made Removal of within seven years from the registration of a trade mark in mark on Hong Kong by any person aggrieved by such registration, prior remove such trade mark from the register, if it is proved to the registration satisfaction of the court that such trade mark is identical with, of origin. or so nearly resembles as to be calculated to deceive, any trade mark which was, prior to the registration in Hong Kong of the first-mentioned trade mark, registered (in respect of goods of the same description as those in respect of which the first-mentioned trade mark is registered in Hong Kong) in a country or place from which goods of that description originate:

* As amended by Law Rev. Ord., 1939.