1950_TRADE_MARKS_ORDINANCE — Page 12

HK Historical Laws 香港歷史法例 All AI Reviewed

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CAP. 43]

[s. 26 cont.]

Assignment and user of associated trade marks. 5 Edw. 7, c. 15, s. 27.

Duration of registration. 5 Edw. 7, c. 15, s. 28.

Renewal of registration. 5 Edw. 7, c. 15, s. 29.

Procedure on expiry of period of registration. 5 Edw. 7, c. 15, s. 30.

Trade Marks.

while resembling one another in the material particulars thereof, yet differ in respect of-

(a) statements of the goods for which they are respectively used or proposed to be used; or

(b) statements of number, price, quality or names of places; or

(d) colour,

seeks to register such trade marks, they may be registered as a series in one registration. All the trade marks in a series of trade marks so registered shall be deemed to be, and shall be registered as, associated trade marks.

27. Associated trade marks shall be assignable or transmissible only as a whole and not separately, but they shall for all other purposes be deemed to have been registered as separate trade marks: Provided that, where under the provisions of this Ordinance user of a registered trade mark is required to be proved for any purpose, the tribunal may, if and so far as it shall think right, accept user of an associated registered trade mark, or of the trade mark with additions or alterations not substantially affecting its identity, as an equivalent for such user.

Renewal of registration.

28. The registration of a trade mark shall be for a period of fourteen years, but may be renewed from time to time in accordance with the provisions of this Ordinance.

29. The Registrar shall, on application made by the registered proprietor of a trade mark in the prescribed manner and within the prescribed period, renew the registration of such trade mark for a period of fourteen years from the expiration of the original registration or of the last renewal of registration, as the case may be, which date is herein termed "the expiration of the last registration”.

30. At the prescribed time before the expiration of the registration of a trade mark, the Registrar shall send notice in the prescribed manner to the registered proprietor at his

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CAP. 43] [s. 26 cont.] Assignment and user of associated trade marks. 5 Edw. 7, c. 15, s. 27. Duration of registration. 5 Edw. 7, c. 15, s. 28. Renewal of registration. 5 Edw. 7, c. 15, s. 29. Procedure on expiry of period of registration. 5 Edw. 7, c. 15, s. 30. Trade Marks. while resembling one another in the material particulars thereof, yet differ in respect of- (a) statements of the goods for which they are respectively used or proposed to be used; or (b) statements of number, price, quality or names of places; or (c) other matter of a non-distinctive character which does not substantially affect the identity of the trade mark; or (d) colour, seeks to register such trade marks, they may be registered as a series in one registration. All the trade marks in a series of trade marks so registered shall be deemed to be, and shall be registered as, associated trade marks. 27. Associated trade marks shall be assignable or transmissible only as a whole and not separately, but they shall for all other purposes be deemed to have been registered as separate trade marks: Provided that, where under the provisions of this Ordinance user of a registered trade mark is required to be proved for any purpose, the tribunal may, if and so far as it shall think right, accept user of an associated registered trade mark, or of the trade mark with additions or alterations not substantially affecting its identity, as an equivalent for such user. Renewal of registration. 28. The registration of a trade mark shall be for a period of fourteen years, but may be renewed from time to time in accordance with the provisions of this Ordinance. 29. The Registrar shall, on application made by the registered proprietor of a trade mark in the prescribed manner and within the prescribed period, renew the registration of such trade mark for a period of fourteen years from the expiration of the original registration or of the last renewal of registration, as the case may be, which date is herein termed "the expiration of the last registration”. 30. At the prescribed time before the expiration of the registration of a trade mark, the Registrar shall send notice in the prescribed manner to the registered proprietor at his - 356

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CAP. 43] [s. 26 cont.] Assignment and user of associated trade marks. 5 Edw. 7, c. 15, s. 27. Duration of registration. 5 Edw. 7, c. 15, s. 28. Renewal of registration. 5 Edw. 7, c. 15, s. 29. Procedure on expiry of period of registration. 5 Edw. 7, c. 15, s. 30. Trade Marks. while resembling one another in the material particulars thereof, yet differ in respect of- (a) statements of the goods for which they are respec- tively used or proposed to be used; or (b) statements of number, price, quality or names of places; or (c) other matter of a non-distinctive character which does not substantially affect the identity of the trade mark; or (d) colour, seeks to register such trade marks, they may be registered as a series in one registration. All the trade marks in a series of trade marks so registered shall be deemed to be, and shall be registered as, associated trade marks. 27. Associated trade marks shall be assignable or transmissible only as a whole and not separately, but they shall for all other purposes be deemed to have been registered as separate trade marks: Provided that, where under the provisions of this Ordinance user of a registered trade mark is required to be proved for any purpose, the tribunal may, if and so far as it shall think right, accept user of an associated registered trade mark, or of the trade mark with additions Οι alterations not substantially affecting its identity, as an equivalent for such user. Renewal of registration. 28. The registration of a trade mark shall be for a period of fourteen years, but may be renewed from time to time in accordance with the provisions of this Ordinance. 29. The Registrar shall, on application made by the registered proprietor of a trade mark in the prescribed manner and within the prescribed period, renew the registra- tion of such trade mark for a period of fourteen years from the expiration of the original registration or of the last renewal of registration, as the case may be, which date is herein termed "the expiration of the last registration”. 30. At the prescribed time before the expiration of the registration of a trade mark, the Registrar shall send notice in the prescribed manner to the registered proprietor at his - 356

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CAP. 43]

[s. 26 cont.]

Assignment and user of associated trade marks. 5 Edw. 7, c. 15, s. 27.

Duration of registration. 5 Edw. 7, c. 15, s. 28.

Renewal of registration. 5 Edw. 7, c. 15, s. 29.

Procedure

on expiry of period of registration.

5 Edw. 7,

c. 15, s. 30.

Trade Marks.

while resembling one another in the material particulars thereof, yet differ in respect of-

(a) statements of the goods for which they are respec-

tively used or proposed to be used; or

(b) statements of number, price, quality or names of

places; or

(d) colour,

27. Associated trade marks shall be assignable or transmissible only as a whole and not separately, but they shall for all other purposes be deemed to have been registered as separate trade marks: Provided that, where under the provisions of this Ordinance user of a registered trade mark is required to be proved for any purpose, the tribunal may, if and so far as it shall think right, accept user of an associated registered trade mark, or of the trade mark with additions Οι alterations not substantially affecting its identity, as an equivalent for such user.

Renewal of registration.

28. The registration of a trade mark shall be for a period of fourteen years, but may be renewed from time to time in accordance with the provisions of this Ordinance.

29. The Registrar shall, on application made by the registered proprietor of a trade mark in the prescribed manner and within the prescribed period, renew the registra- tion of such trade mark for a period of fourteen years from the expiration of the original registration or of the last renewal of registration, as the case may be, which date is herein termed "the expiration of the last registration”.

30. At the prescribed time before the expiration of the registration of a trade mark, the Registrar shall send notice in the prescribed manner to the registered proprietor at his

1950_TRADE_MARKS_ORDINANCE — Page 12

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