1950_TRADE_MARKS_ORDINANCE — Page 9

HK Historical Laws 香港歷史法例 All AI Reviewed

Trade Marks.

tribunal may consider needful for the purpose of defining his rights under such registration : Provided always that no disclaimer upon the register shall affect any rights of the proprietor of a trade mark except such as arise out of the registration of the trade mark in respect of which the disclaimer is made.

16. When an application for registration of a trade mark has been accepted and has not been opposed, and the time for notice of opposition has expired, or having been opposed, the opposition has been decided in favour of the applicant, the Registrar shall register the said trade mark, and the trade mark, when registered, shall be registered as of the date of the application for registration, and such date shall be deemed for the purposes of this Ordinance to be the date of registration.

[CAP. 43

Date of registration. 5 Edw. 7. c. 15, s. 16.

registration.

17. On the registration of a trade mark, the Registrar shall issue to the applicant a certificate in the prescribed form of the registration of such trade mark under the hand and seal of the Registrar.

Certificate of registration. 5 Edw. 7, c. 15, s. 17.

tion of 5 Edw. 7, c. 15, s. 18.

18. Where registration of a trade mark is not completed within twelve months from the date of the application by reason of default on the part of the applicant, the Registrar may, after giving notice of the non-completion to the applicant in writing in the prescribed manner, treat the application as abandoned unless it is completed within the time specified in that behalf in such notice.

Non-completion of registration.

19. Except in the case of trade marks in use before the 13th day of August, 1875, which are registered in the United Kingdom as old marks used before the said date, no trade mark shall be registered in respect of any goods or description of goods which is identical with one belonging to a different proprietor which is already on the register with respect to such goods or description of goods, or so nearly resembling such a trade mark as to be calculated to deceive.

Identical marks. 5 Edw. 7, c. 15, s. 19.

353

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Trade Marks. tribunal may consider needful for the purpose of defining his rights under such registration : Provided always that no disclaimer upon the register shall affect any rights of the proprietor of a trade mark except such as arise out of the registration of the trade mark in respect of which the disclaimer is made. 16. When an application for registration of a trade mark has been accepted and has not been opposed, and the time for notice of opposition has expired, or having been opposed, the opposition has been decided in favour of the applicant, the Registrar shall register the said trade mark, and the trade mark, when registered, shall be registered as of the date of the application for registration, and such date shall be deemed for the purposes of this Ordinance to be the date of registration. [CAP. 43 Date of registration. 5 Edw. 7. c. 15, s. 16. registration. 17. On the registration of a trade mark, the Registrar shall issue to the applicant a certificate in the prescribed form of the registration of such trade mark under the hand and seal of the Registrar. Certificate of registration. 5 Edw. 7, c. 15, s. 17. tion of 5 Edw. 7, c. 15, s. 18. 18. Where registration of a trade mark is not completed within twelve months from the date of the application by reason of default on the part of the applicant, the Registrar may, after giving notice of the non-completion to the applicant in writing in the prescribed manner, treat the application as abandoned unless it is completed within the time specified in that behalf in such notice. Non-completion of registration. 19. Except in the case of trade marks in use before the 13th day of August, 1875, which are registered in the United Kingdom as old marks used before the said date, no trade mark shall be registered in respect of any goods or description of goods which is identical with one belonging to a different proprietor which is already on the register with respect to such goods or description of goods, or so nearly resembling such a trade mark as to be calculated to deceive. Identical marks. 5 Edw. 7, c. 15, s. 19. 353

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* Trade Marks. tribunal may consider needful for the purpose of defining his rights under such registration : Provided always that no disclaimer upon the register shall affect any rights of the proprietor of a trade mark except such as arise out of the registration of the trade mark in respect of which the disclaimer is made. 16. When an application for registration of a trade mark has been accepted and has not been opposed, and the time for notice of opposition has expired, or having been opposed, the opposition has been decided in favour of the applicant, the Registrar shall register the said trade mark, and the trade mark, when registered, shall be registered as of the date of the application for registration, and such date shall be deemed for the purposes of this Ordinance to be the date of registration. [CAP. 43 Date of registration. 5 Edw. 7. c. 15, s. 16. registration. 17. On the registration of a trade mark, the Registrar Certificate of shall issue to the applicant a certificate in the prescribed 5 Edw. 7, form of the registration of such trade. mark under the hand. and seal of the Registrar. c. 15, s. 17. tion of 5 Edw. 7, c. 15, s. 18. 18. Where registration of a trade mark is not com- Non-comple- pleted within twelve months from the date of the application registration. by reason of default on the part of the applicant, the Registrar may, after giving notice of the non-completion to the applicant in writing in the prescribed manner, treat the application as abandoned unless it is completed within the time specified in that behalf in such notice. Identical trade marks. 19. Except in the case of trade marks in use before the 13th day of August, 1875, which are registered in the United Kingdom as old marks used before the said date, no trade mark shall be registered in respect of any goods or descrip- tion of goods which is identical with one belonging to a different proprietor which is already on the register with respect to such goods or description of goods, or so nearly resembling such a trade mark as to be calculated to deceive. Identical marks. 5 Edw. 7, c. 15, s. 19. 353

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Trade Marks.

[CAP. 43

Date of

registration.

5 Edw. 7.

c. 15, s. 16.

registration.

17. On the registration of a trade mark, the Registrar Certificate of shall issue to the applicant a certificate in the prescribed 5 Edw. 7, form of the registration of such trade. mark under the hand. and seal of the Registrar.

c. 15, s. 17.

tion of

5 Edw. 7,

c. 15, s. 18.

18. Where registration of a trade mark is not com- Non-comple- pleted within twelve months from the date of the application registration. by reason of default on the part of the applicant, the Registrar may, after giving notice of the non-completion to the applicant in writing in the prescribed manner, treat the application as abandoned unless it is completed within the time specified in that behalf in such notice.

Identical trade marks.

19. Except in the case of trade marks in use before the 13th day of August, 1875, which are registered in the United Kingdom as old marks used before the said date, no trade mark shall be registered in respect of any goods or descrip- tion of goods which is identical with one belonging to a different proprietor which is already on the register with respect to such goods or description of goods, or so nearly resembling such a trade mark as to be calculated to deceive.

Identical

marks.

5 Edw. 7,

c. 15, s. 19.

353

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