1950_TRADE_MARKS_ORDINANCE — Page 13

HK Historical Laws 香港歷史法例 All AI Reviewed

Trade Marks.

registered address of the date at which the existing registra-tion will expire and the conditions as to payment of fees and otherwise upon which a renewal of such registration may be obtained, and if at the expiration of the time prescribed in that behalf, such conditions have not been duly complied with, the Registrar may remove such trade mark from the register, subject to such conditions (if any) as to its restoration to the register as may be prescribed.

[CAP. 43

5 Edw. 7,

31. Where a trade mark has been removed from the Status of unrenewed register for non-payment of the fee for renewal, such trade mark shall, nevertheless, for the purpose of any application for registration during one year next after the date of such removal, be deemed to be a trade mark which is already registered, unless it is shown to the satisfaction of the Registrar that there has been no bona fide trade user of such trade mark during the two years immediately preceding such removal.

Correction and rectification of the register.

Correction of register.

32. The Registrar may, on request made in writing by the registered proprietor or by some person entitled by law to act in his name-

(a) correct any error in the name or address of the registered proprietor of a trade mark; or

(b) enter any change in the name or address of the person who is registered as proprietor of a trade mark; or

(c) cancel the entry of a trade mark on the register; or

(d) strike out any goods or classes of goods from those for which a trade mark is registered; or

(e) enter a disclaimer or memorandum relating to a trade mark which does not in any way extend the rights given by the existing registration of such trade mark.

Any decision of the Registrar under this section shall be subject to appeal to the court.

5 Edw. 7, c. 15. s. 32.

33. Subject to the provisions of this Ordinance, where a person becomes entitled to a registered trade mark by assignment, transmission or other operation of law, the Registrar shall, on request made in the prescribed manner

357

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Trade Marks. registered address of the date at which the existing registra-tion will expire and the conditions as to payment of fees and otherwise upon which a renewal of such registration may be obtained, and if at the expiration of the time prescribed in that behalf, such conditions have not been duly complied with, the Registrar may remove such trade mark from the register, subject to such conditions (if any) as to its restoration to the register as may be prescribed. [CAP. 43 5 Edw. 7, 31. Where a trade mark has been removed from the Status of unrenewed register for non-payment of the fee for renewal, such trade mark shall, nevertheless, for the purpose of any application for registration during one year next after the date of such removal, be deemed to be a trade mark which is already registered, unless it is shown to the satisfaction of the Registrar that there has been no bona fide trade user of such trade mark during the two years immediately preceding such removal. Correction and rectification of the register. Correction of register. 32. The Registrar may, on request made in writing by the registered proprietor or by some person entitled by law to act in his name- (a) correct any error in the name or address of the registered proprietor of a trade mark; or (b) enter any change in the name or address of the person who is registered as proprietor of a trade mark; or (c) cancel the entry of a trade mark on the register; or (d) strike out any goods or classes of goods from those for which a trade mark is registered; or (e) enter a disclaimer or memorandum relating to a trade mark which does not in any way extend the rights given by the existing registration of such trade mark. Any decision of the Registrar under this section shall be subject to appeal to the court. 5 Edw. 7, c. 15. s. 32. 33. Subject to the provisions of this Ordinance, where a person becomes entitled to a registered trade mark by assignment, transmission or other operation of law, the Registrar shall, on request made in the prescribed manner 357
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Trade Marks. registered address of the date at which the existing registra- tion will expire and the conditions as to payment of fees and otherwise upon which a renewal of such registration may be obtained, and if at the expiration of the time prescribed in that behalf, such conditions have not been duly complied with, the Registrar may remove such trade mark from the register, subject to such conditions (if any) as to its restoration to the register as may be prescribed. [CAP. 43 5 Edw. 7, 31. Where a trade mark has been removed from the Status of unrenewed register for non-payment of the fee for renewal, such trade trade marks. mark shall, nevertheless, for the purpose of any application c. 15, s. 31. for registration during one year next after the date of such removal, be deemed to be a trade mark which is already registered, unless it is shown to the satisfaction of the Registrar that there has been no bona fide trade user of such trade mark during the two years immediately preceding such removal. Correction and rectification of the register. Correction of register. 32. The Registrar may, on request made in writing by the registered proprietor or by some person entitled by law Edw. 7, to act in his name- (a) correct any error in the name or address of the registered proprietor of a trade mark; or (b) enter any change in the name or address of the person who is registered as proprietor of a trade mark; or (c) cancel the entry of a trade mark on the register; or (d) strike out any goods or classes of goods from those for which a trade mark is registered; or (e) enter a disclaimer or memorandum relating to a trade mark which does not in any way extend the rights given by the existing registration of such trade mark. Any decision of the Registrar under this section shall be subject to appeal to the court. c. 15. s. 32. of assign- 5 Edw. 7, 33. Subject to the provisions of this Ordinance, where Registration a person becomes entitled to a registered trade mark by ments. assignment, transmission or other operation of law, the c. 15, s. 33. Registrar shall, on request made in the prescribed manner 357
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Trade Marks.

registered address of the date at which the existing registra- tion will expire and the conditions as to payment of fees and otherwise upon which a renewal of such registration may be obtained, and if at the expiration of the time prescribed in that behalf, such conditions have not been duly complied with, the Registrar may remove such trade mark from the register, subject to such conditions (if any) as to its restoration to the register as may be prescribed.

[CAP. 43

5 Edw. 7,

31. Where a trade mark has been removed from the Status of unrenewed register for non-payment of the fee for renewal, such trade trade marks. mark shall, nevertheless, for the purpose of any application c. 15, s. 31. for registration during one year next after the date of such removal, be deemed to be a trade mark which is already registered, unless it is shown to the satisfaction of the Registrar that there has been no bona fide trade user of such trade mark during the two years immediately preceding such removal.

Correction and rectification of the register.

Correction

of register.

32. The Registrar may, on request made in writing by the registered proprietor or by some person entitled by law Edw. 7, to act in his name-

(a) correct any error in the name or address of the

registered proprietor of a trade mark; or

(b) enter any change in the name or address of the person who is registered as proprietor of a trade mark; or

(c) cancel the entry of a trade mark on the register; or (d) strike out any goods or classes of goods from those

for which a trade mark is registered; or

(e) enter a disclaimer or memorandum relating to a trade mark which does not in any way extend the rights given by the existing registration of such

trade mark.

Any decision of the Registrar under this section shall be subject to appeal to the court.

c. 15. s. 32.

of assign-

5 Edw. 7,

33. Subject to the provisions of this Ordinance, where Registration a person becomes entitled to a registered trade mark by ments. assignment, transmission or other operation of law, the c. 15, s. 33. Registrar shall, on request made in the prescribed manner

357

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