20
CAP. 43]
Trade Marks
[1986 Ed.
No action for infringement of unregistered trade mark.
1938 c. 22, s. 2.
"Passing off" action.
1938 c. 22, s. 2.
Removal from register and imposition of limitations on ground of
non-use.
1938 c. 22, s. 26.
35. No person shall be entitled to institute any proceeding to prevent, or to recover damages for, the infringement of an unregistered trade mark.
36. 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.
USE AND NON-USE OF TRADE MARKS
37. (1) Subject to the provisions of section 55(1) and section 57(1), a registered trade mark may be taken off the register in respect of any of the goods in respect of which it is registered on application by any person aggrieved to the Court, or, at the option of the applicant and subject to the provisions of section 80, to the Registrar, on the ground either-
(a) that the trade mark was registered without any bona fide intention on the part of the applicant for registration that it should be used in relation to those goods by him or, if it was registered under section 18(1), by the corporation or registered user concerned, and that there has in fact been no bona fide use of the trade mark in relation to those goods by any proprietor thereof for the time being up to the date one month before the date of the application; or
(b) that up to the date one month before the date of the application a continuous period of 5 years or longer elapsed during which the trade mark was a registered trade mark and during which there was no bona fide use thereof in relation to those goods by any proprietor thereof for the time being:
Provided that (except where the applicant has been permitted under section 22 to register an identical or nearly resembling trade mark in respect of the goods in question or where the tribunal is of opinion that he might properly be permitted so to register such a trade mark) the tribunal may refuse an application made under paragraph (a) or (b) in relation to any goods, if it is shown that there has been, before the relevant date or during the relevant period, as the case may be, bona fide use of the trade mark by any proprietor thereof for the time being in relation to goods of the same description, being goods in respect of which the trade mark is registered.
(2) Where in relation to any goods in respect of which a trade mark is registered-
(a) the matters referred to in subsection (1)(b) are shown so far as regards non-use of the trade mark in relation to goods to be sold, or otherwise traded in, in the Colony (otherwise than for export from the Colony), or in relation to goods to be exported to a particular market outside the Colony; and
20
CAP. 43]
Trade Marks
[1986 Ed.
No action for infringement of unregistered trade mark.
1938 c. 22, s. 2.
"Passing off" action.
1938 c. 22, s. 2.
Removal from register and imposition of limitations on ground of
non-use.
1938 c. 22, s. 26.
35. No person shall be entitled to institute any proceeding to prevent, or to recover damages for, the infringement of an unregis- tered trade mark.
36. 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.
USE AND NON-USE OF TRADE MARKS
37. (1) Subject to the provisions of section 55(1) and sec- tion 57(1), a registered trade mark may be taken off the register in respect of any of the goods in respect of which it is registered on application by any person aggrieved to the Court, or, at the option of the applicant and subject to the provisions of section 80, to the Registrar, on the ground either-
(a) that the trade mark was registered without any bona fide intention on the part of the applicant for registration that it should be used in relation to those goods by him or, if it was registered under section 18(1), by the corporation or registered user concerned, and that there has in fact been no bona fide use of the trade mark in relation to those goods by any proprietor thereof for the time being up to the date one month before the date of the application; or
(b) that up to the date one month before the date of the application a continuous period of 5 years or longer elapsed during which the trade mark was a registered trade mark and during which there was no bona fide use thereof in relation to those goods by any proprietor thereof for the time being:
Provided that (except where the applicant has been permitted under section 22 to register an identical or nearly resembling trade mark in respect of the goods in question or where the tribunal is of opinion that he might properly be permitted so to register such a trade mark) the tribunal may refuse an application made under paragraph (a) or (b) in relation to any goods, if it is shown that there has been, before the relevant date or during the relevant period, as the case may be, bona fide use of the trade mark by any proprietor thereof for the time being in relation to goods of the same descrip- tion, being goods in respect of which the trade mark is registered.
(2) Where in relation to any goods in respect of which a trade mark is registered-
(a) the matters referred to in subsection (1)(b) are shown so far as regards non-use of the trade mark in relation to goods to be sold, or otherwise traded in, in the Colony (otherwise than for export from the Colony), or in relation to goods to be exported to a particular market outside the Colony; and
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