CAP. 43]
[s. 38 cont.]
Rights of proprietor of trade mark. 5 Edw. 7, c. 15, s. 39.
Registration to be prima facie evidence of validity. 5 Edw. 7, c. 15, s. 40.
Trade Marks.
any rights appearing from such register to be vested in any other person, have power to assign the same, and to give effectual receipts for any consideration for such assignment;
(b) any equities in respect of a trade mark may be enforced in like manner as in respect of any other property.
39. Subject to the provisions of section 41 and to any limitations and conditions entered upon the register, the registration of a person as proprietor of a trade mark shall, if valid, give to such person the exclusive right to the use of such trade mark upon or in connexion with the goods in respect of which it is registered: Provided always that where two or more persons are registered proprietors of the same (or substantially the same) trade mark in respect of the same goods, no rights of exclusive user of such trade mark shall, except so far as their respective rights shall have been defined by the court, be acquired by any one of such persons as against any other by the registration thereof, but each of such persons shall otherwise have the same rights as if he were the sole registered proprietor thereof.
40. In all legal proceedings relating to a registered trade mark (including applications under section 35), the fact that a person is registered as proprietor of such trade mark shall be prima facie evidence of the validity of the original registration of such trade mark and of all subsequent assignments and transmissions of the same.
Registration to be conclusive after seven years. 5 Edw. 7, c. 15, s. 41.
41. In all legal proceedings relating to a registered trade mark (including applications under section 35), the original registration of such trade mark shall after the expiration of seven years from the date of such original registration be taken to be valid in all respects unless such original registration was obtained by fraud, or unless the trade mark offends against the provisions of section 11: Provided that nothing in this Ordinance shall entitle the proprietor of a registered trade mark to interfere with or restrain the user by any person of a similar trade mark upon or in connexion with goods upon or in connexion with which such person has, by himself or his predecessors
Page 360
I
CAP. 43]
[s. 38 cont.]
Rights of proprietor of trade mark. 5 Edw. 7, c. 15, s. 39.
Registration
to be prima
of validity.
5 Edw 7.
Trade Marks.
any rights appearing from such register to be vested in any other person, have power to assign the same, and to give effectual receipts for any consideration for such assignment;
(b) any equities in respect of a trade mark may be enforced in like manner as in respect of any other property.
39. Subject to the provisions of section 41 and to any limitations and conditions entered upon the register, the registration of a person as proprietor of a trade mark shall, if valid, give to such person the exclusive right to the use of such trade mark upon or in connexion with the goods in respect of which it is registered: Provided always that where two or more persons are registered pro- prietors of the same (or substantially the same) trade mark in respect of the same goods, no rights of exclusive user of such trade mark shall, except so far as their respective rights shall have been defined by the court, be acquired by any one of such persons as against any other by the registration thereof, but each of such persons shall other- wise have the same rights as if he were the sole registered proprietor thereof.
49. In all legal proceedings relating to a registered facie evidence trade mark (including applications under section 35), the fact that a person is registered as proprietor of such trade mark shall be prima facic evidence of the validity of the original registration of such trade mark and of all sub- sequent assignments and transmissions of the same.
c. 15, s. 40.
Registration
to be
conclusive
after seven
years.
5 Edw. 7, c. 15, s. 41.
41. In all legal proceedings relating to a registered trade mark (including applications under section 35), the original registration of such trade mark shall after the expiration of seven years from the date of such original registration be taken to be valid in all respects unless such original registration was obtained by fraud, or unless the trade mark offends against the provisions of section 11: Provided that nothing in this Ordinance shall entitle the proprietor of a registered trade mark to interfere with or restrain the user by any person of a similar trade mark upon or in connexion with goods upon or in connexion with which such person has, by himself or his predecessors
360
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