CAP. 43]
Rival claims
to identical marks.
5 Edw. 7.
c. 15, s. 20.
Protection of marks registered
in country of origin.
Assignment
and
transmission
of trade marks.
5 Edw. 7, c. 15, s. 22.
Trade Marks.
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.
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
354
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CAP. 43]
Rival claims
to identical marks.
5 Edw. 7.
c. 15, s. 20.
Protection of marks registered
in country of origin.
Assignment
and
transmission
of trade marks.
5 Edw. 7, c. 15, s. 22.
Trade Marks.
20. Where each of several persons claims to be pro- prietor 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.
Assignment.
22. A trade mark when registered shall be assigned and transmitted only in connexion with the goodwill of the busi- ness 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 pro- tectorate or foreign country in connexion with any goods
354
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