CAP. 43]
[s. 42 cont.]
Unregistered trade mark.
5 Edw. 7.
c. 15, s. 42.
Infringement.
5 Edw. 7,
c. 15, s. 43.
User of name, address or description of goods.
5 Edw. 7, c. 15, s. 44.
Passing off action.
5 Edw. 7, c. 15, s. 45.
Certificate of validity.
5 Edw. 7, c. 15, s. 46.
(2)
Trade Marks.
mark so registered in the country or place of origin, and will take all necessary steps to complete such registration.
All applications under this section shall be heard in open court in the Supreme Court in its original jurisdiction.
43. No person shall be entitled to institute any proceedings to recover damages for the infringement of a trade mark not registered in the Colony.
44. In an action for the infringement of a trade mark the court trying the question of infringement shall admit evidence of the usages of the trade in respect of the get-up of the goods for which the trade mark is registered, and of any trade marks or get-up legitimately used in connexion with such goods by other persons.
45. No registration under this Ordinance shall interfere with any bona fide use by a person of his own name or place of business, or that of any of his predecessors in business, or the use by any person of any bona fide description of the character or quality of his goods.
46. Nothing in this Ordinance contained shall be deemed to affect rights of action against any person for passing off goods as those of another person or the remedies in respect thereof.
Legal proceedings.
47. In any legal proceeding in which the validity of the registration of a registered trade mark comes into question and is decided in favour of the proprietor of such trade mark, the court may certify the same, and if it so certifies, then in any subsequent legal proceeding in which such validity comes into question the proprietor of the said trade mark on obtaining a final order or judgment in his favour shall have his full costs, charges and expenses as between solicitor and client, unless in such subsequent proceeding the court certifies that he ought not to have the same.
Page 362
CAP. 43]
[s. 42 cont.]
Unregistered trade mark.
5 Edw. 7.
c. 15, s. 42.
Infringement.
5 Edw. 7,
c. 15, s. 43.
User of name, address or description of goods.
5 Edw. 7, c. 15, s. 44.
Passing
off action.
5 Edw. 7, c. 15, s. 45.
Certificate of validity.
5 Edw. 7, c. 15, s. 46.
(2)
Trade Marks.
mark so registered in the country or place of origin, and will take all necessary steps to com- plete such registration.
All applications under this section shall be heard in open court in the Supreme Court in its original juris- diction.
43. No person shall be entitled to institute any pro- ceedings to recover damages for the infringement of a trade mark not registered in the Colony.
44. In an action for the infringement of a trade mark the court trying the question of infringement shall admit evidence of the usages of the trade in respect of the get- up of the goods for which the trade mark is registered, and of any trade marks or get-up legitimately used in con- nexion with such goods by other persons.
45. No registration under this Ordinance shall interfere with any bona fide use by a person of his own name or place of business, or that of any of his predecessors in business, or the use by any person of any bona fide des- cription of the character or quality of his goods.
46. Nothing in this Ordinance contained shall be deemed to affect rights of action against any person for passing off goods as those of another person or the remedies in respect thereof.
Legal proceedings.
47. In any legal proceeding in which the validity of the registration of a registered trade mark comes into ques- tion and is decided in favour of the proprietor of such trade mark, the court may certify the same, and if it so certifies, then in any subsequent legal proceeding in which such validity comes into question the proprietor of the said trade mark on obtaining a final order or judgment in his favour shall have his full costs, charges and expenses as between solicitor and client, unless in such subsequent proceeding the court certifies that he ought not to have the same.
362
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