TRADE MARKS.
No. 40 of 1909.
1147
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 Hong Kong is applied for) in a country or place from which goods of that description originate:
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 Hong Kong 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 Hong Kong of the trade mark so registered in the country or place of origin, and will take all necessary steps to complete such registration.
TRADE MARKS.
No. 40 of 1909.
1147
Identical trade 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 marks.
5 Edw. 7, Kingdom as old marks used before the said date, no trade mark c. 15, s. 19. 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.
to identical
20. Where each of several persons claims to be proprietor Rival claims of the same trade mark, or of nearly identical trade marks in marks. respect of the same goods or description of goods, and to be 5 Edw. 7, registered as such proprietor, the Registrar may refuse to register c. 15, s. 20. 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 Protection. if it is proved to his satisfaction by the person opposing the of marks
registered application for registration that such mark is identical with, or in country so nearly resembles as to be calculated to deceive, any trade of origin. mark which is already registered (in respect of goods of the same description as those in respect of which registration in Hong Kong is applied for) in a country or place from which goods of that description originate:
. 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 Hong Kong 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 satis- faction of the Registrar that he will, within three months from the giving of the notice of opposition, apply for registration in Hong Kong of the trade mark so registered in the country or place of origin, and will take all necessary steps to complete such registration.
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