1950_TRADE_MARKS_ORDINANCE — Page 15

HK Historical Laws 香港歷史法例 All AI Reviewed

Trade Marks.

tion to the court, or he may, after hearing the parties, determine the question between them subject to appeal to the court.

[CAP. 43

registered

5 Edw. 7.

c. 15, s. 36.

36. No trade mark which is upon the register at the commencement of this Ordinance and which under this Ordinance is a registrable trade mark shall be removed from the register on the ground that it was not registrable under the Ordinance in force at the date of its registration. But nothing in this section contained shall subject any person to any liability in respect of any act or thing done before the commencement of this Ordinance to which he would not have been subject under the Ordinance then in force.

Non-user of 5 Edw. 7.

trade mark.

c. 15, s. 37.

37. A registered trade mark may, on the application to the court of any person aggrieved, be taken off the register in respect of any of the goods for which it is registered, on the ground that it was registered by the proprietor or a predecessor in title without any bona fide intention to use the same in connexion with such goods, and that there has in fact been no bona fide user of the same in connexion therewith, or on the ground that there has been no bona fide user of such trade mark in connexion with such goods during the five years immediately preceding the application, unless in either case such non-user is shown to be due to special circumstances in the trade, and not to any intention not to use or to abandon such trade mark in respect of such goods: Provided always that no part of the period 8th day of December, 1941, to the 31st day of August, 1945, both inclusive, shall be taken into account in computing the said period of five years, and that for the purpose of any application made before the 2nd day of September, 1950, on the ground of non-user during the five years immediately preceding such application, the 1st day of September, 1945, shall be deemed to follow immediately the 7th day of December, 1941.

Effect of registration.

non-user

Powers of registered proprietor.

38. Subject to the provisions of this Ordinance— (a) the person for the time being entered in the register as proprietor of a trade mark shall, subject to

6 Edw. 7.

5 7, c. 15, s. 38.

359

Page 15

Page 16

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Trade Marks. tion to the court, or he may, after hearing the parties, determine the question between them subject to appeal to the court. [CAP. 43 registered previous 5 Edw. 7. c. 15, s. 36. 36. No trade mark which is upon the register at the commencement of this Ordinance and which under this Ordinance is a registrable trade mark shall be removed from the register on the ground that it was not registrable under the Ordinance in force at the date of its registration. But nothing in this section contained shall subject any person to any liability in respect of any act or thing done before the commencement of this Ordinance to which he would not have been subject under the Ordinance then in force. Non-user of 5 Edw. 7. trade mark. c. 15, s. 37. 37. A registered trade mark may, on the application to the court of any person aggrieved, be taken off the register in respect of any of the goods for which it is registered, on the ground that it was registered by the proprietor or a predecessor in title without any bona fide intention to use the same in connexion with such goods, and that there has in fact been no bona fide user of the same in connexion therewith, or on the ground that there has been no bona fide user of such trade mark in connexion with such goods during the five years immediately preceding the application, unless in either case such non-user is shown to be due to special circumstances in the trade, and not to any intention not to use or to abandon such trade mark in respect of such goods: Provided always that no part of the period 8th day of December, 1941, to the 31st day of August, 1945, both inclusive, shall be taken into account in computing the said period of five years, and that for the purpose of any application made before the 2nd day of September, 1950, on the ground of non-user during the five years immediately preceding such application, the 1st day of September, 1945, shall be deemed to follow immediately the 7th day of December, 1941. Effect of registration. non-user Powers of registered proprietor. 38. Subject to the provisions of this Ordinance— (a) the person for the time being entered in the register as proprietor of a trade mark shall, subject to 6 Edw. 7. 5 7, c. 15, s. 38. 359 - Page 15 Page 16

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Trade Marks. tion to the court, or he may, after hearing the parties, determine the question between them subject to appeal to the court. [CAP. 43 registered previous 5 Edw. 7. c. 15, s. 36. 36. No trade mark which is upon the register at the Trade marks commencement of this Ordinance and which under this under Ordinance is a registrable trade mark shall be removed from enactments. the register on the ground that it was not registrable under the Ordinance in force at the date of its registration. But nothing in this section contained shall subject any person to any liability in respect of any act or thing done before the commencement of this Ordinance to which he would not have been subject under the Ordinance then in force. Non-user of 5 Edw. 7. trade mark. c. 15, s. 37. 37. A registered trade mark may, on the application to the court of any person aggrieved, be taken off the register in respect of any of the goods for which it is registered, on the ground that it was registered by the proprietor or a predecessor in title without any bona fide intention to use the same in connexion with such goods, and that there has in fact been no bona fide user of the same in connexion therewith, or on the ground that there has been no bona fide user of such trade mark in con- nexion with such goods during the five years immediately preceding the application, unless in either case such non- user is shown to be due to special circumstances in the trade, and not to any intention not to use or to abandon such trade mark in respect of such goods: Provided Effect of always that no part of the period 8th day of December, during period. 1941, to the 31st day of August, 1945, both inclusive, shall 33 of 1947, s.11. in any way be taken into account in computing the said period of five years, and that for the purpose of any applica- tion made before the 2nd day of September, 1950, on the ground of non-user during the five years immediately pre- ceding such application, the 1st day of September, 1945, shall be deemed to follow immediately the 7th day of December, 1941. Effect of registration. non-user Powers of registered proprietor. 38. Subject to the provisions of this Ordinance— (a) the person for the time being entered in the regis- ter as proprietor of a trade mark shall, subject to 6 Edw. 7. 5 7, c. 15, s. 38. 359 - Page 15Page 16

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Trade Marks.

tion to the court, or he may, after hearing the parties, determine the question between them subject to appeal to

the court.

[CAP. 43

registered

5 Edw. 7.

c. 15, s. 36.

36. No trade mark which is upon the register at the Trade marks commencement of this Ordinance and which under this under Ordinance is a registrable trade mark shall be removed from enactments. the register on the ground that it was not registrable under the Ordinance in force at the date of its registration. But nothing in this section contained shall subject any person to any liability in respect of any act or thing done before the commencement of this Ordinance to which he would not have been subject under the Ordinance then in force.

Non-user of 5 Edw. 7.

trade mark.

c. 15, s. 37.

37. A registered trade mark may, on the application to the court of any person aggrieved, be taken off the register in respect of any of the goods for which it is registered, on the ground that it was registered by the proprietor or a predecessor in title without any bona fide intention to use the same in connexion with such goods, and that there has in fact been no bona fide user of the same in connexion therewith, or on the ground that there has been no bona fide user of such trade mark in con- nexion with such goods during the five years immediately preceding the application, unless in either case such non- user is shown to be due to special circumstances in the trade, and not to any intention not to use or to abandon such trade mark in respect of such goods: Provided Effect of always that no part of the period 8th day of December, during period. 1941, to the 31st day of August, 1945, both inclusive, shall 33 of 1947, s.11. in any way be taken into account in computing the said period of five years, and that for the purpose of any applica- tion made before the 2nd day of September, 1950, on the ground of non-user during the five years immediately pre- ceding such application, the 1st day of September, 1945, shall be deemed to follow immediately the 7th day of December, 1941.

Effect of registration.

non-user

Powers of registered proprietor.

38. Subject to the provisions of this Ordinance— (a) the person for the time being entered in the regis-

ter as proprietor of a trade mark shall, subject to 6 Edw. 7.

5 7, c. 15, s. 38.

359

Page 15Page 16

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