1950_TRADE_MARKS_ORDINANCE — Page 17

Trade Marks.

in business, continuously used such trade mark from a date anterior to the user of the first-mentioned trade mark by the proprietor thereof or his predecessors in business.

[CAP. 43

mark on

prior

in country

42. (1) The court may, on the application in writing Removal of made within seven years from the registration of a trade proof of mark in Hong Kong by any person aggrieved by such registration registration, remove such trade mark from the register, if of origin. it is proved to the satisfaction of the court that such trade mark is identical with, or so nearly resembles as to be calculated to deceive, any trade mark which was, prior to the registration in Hong Kong of the first-mentioned trade mark, registered (in respect of goods of the same descrip- tion as those in respect of which the first-mentioned trade mark is registered in Hong Kong) in a country or place from which goods of that description originate: Provided always that no trade mark shall be removed from the register under this section in the following cases--

(a) if the proprietor of the other trade mark consented. to the registration in Hong Kong of the first- mentioned trade mark; or

(b) if the proprietor of the trade mark registered in Hong Kong proves that he or his predecessors in business have continuously used such trade mark in Hong Kong in connexion with such goods as aforesaid from a date anterior to the date of the registration of the other trade mark in the country or place of origin; or

(c) unless the applicant proves either that within the five years immediately preceding the making of the application under this section there has been bona fide user in connexion with such goods as afore- said in Hong Kong of the trade mark registered in the country or place of origin, or that the special circumstances of the trade account for the non-user of such trade mark in Hong Kong within the same period, or that the trade mark so registered in the country or place of origin was first registered there within the like period of five years, and in either event gives an undertaking to the satisfaction of the Registrar that he will within three months from the making of the application under this section apply for registration in Hong Kong of the trade

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