24
Assignments and transmissions of associated trade marks.
1938 c. 22, s. 23(1).
Renewal of registration.
1938 c. 22, s. 20(2).
Procedure on expiry of period of registration. 1938 c. 22, s. 20(3).
Status of unrenewed trade mark.
1938 c. 22, s. 20(4).
General
power to rectify entries in register.
1938 c. 22, s. 32.
CAP. 43]
Trade Marks
[1986 Ed.
44. Trade marks that are registered as, or that are deemed by virtue of this Ordinance to be, associated trade marks shall be assignable and transmissible only as a whole and not separately, but they shall for all other purposes be deemed to have been registered as separate trade marks.
RENEWAL OF REGISTRATION
45. The Registrar shall, on application made by the registered proprietor of a trade mark in the prescribed manner and within the prescribed period, renew the registration of such trade mark for a period of 14 years from the date of expiration of the original registration as stated in section 17(2) or of the last renewal of registration, as the case may be, which date is hereinafter referred to as "the expiration of the last registration".
46. At the prescribed time before the expiration of the last registration of a trade mark, the Registrar shall send notice in the prescribed manner to the registered proprietor of the date at which the existing registration will expire and the conditions as to payment of fees and otherwise upon which a renewal of registration may be obtained, and, if at the expiration of the time prescribed in that behalf those conditions have not been duly complied with, the Registrar may remove such trade mark from the register, subject to such conditions, if any, as to its restoration to the register as may be prescribed.
47. Where a trade mark has been removed from the register for non-payment of the fee for renewal, it shall, nevertheless, for the purpose of any application for registration of a trade mark during one year next after the date of such removal, be deemed to be a trade mark that is already on the register:
Provided that the foregoing provisions of this section shall not have effect when the Registrar is satisfied either-
(a) that there has been no bona fide trade use of the trade mark that has been removed during the 2 years immediately preceding its removal; or
(b) that no deception or confusion would be likely to arise from the use of the trade mark that is the subject of the application for registration by reason of any previous use of the trade mark that has been removed.
RECTIFICATION AND CORRECTION OF REGISTER
48. (1) Subject to the provisions of this Ordinance-
(a) any person aggrieved by the non-insertion in or omission from the register of any entry, or by any entry made in the register without sufficient cause, or by any entry wrongly
Page 25
Page 26
24
Assignments and transmissions of associated trade marks.
1938 c. 22, s. 23(1).
Renewal of registration.
1938 c. 22, s. 20(2).
Procedure on expiry of period of registration. 1938 c. 22, s. 20(3).
Status of unrenewed trade mark.
1938 c. 22, s. 20(4).
General
power to rectify entries in register.
1938 c. 22, s. 32.
CAP. 43]
Trade Marks
[1986 Ed.
44. Trade marks that are registered as, or that are deemed by virtue of this Ordinance to be, associated trade marks shall be assignable and transmissible only as a whole and not separately, but they shall for all other purposes be deemed to have been registered as separate trade marks.
RENEWAL OF REGISTRATION
45. The Registrar shall, on application made by the registered proprietor of a trade mark in the prescribed manner and within the prescribed period, renew the registration of such trade mark for a period of 14 years from the date of expiration of the original registration as stated in section 17(2) or of the last renewal of registration, as the case may be, which date is hereinafter referred to as "the expiration of the last registration".
46. At the prescribed time before the expiration of the last registration of a trade mark, the Registrar shall send notice in the prescribed manner to the registered proprietor of the date at which the existing registration will expire and the conditions as to payment of fees and otherwise upon which a renewal of registration may be obtained, and, if at the expiration of the time prescribed in that behalf those conditions have not been duly complied with, the Registrar may remove such trade mark from the register, subject to such conditions, if any, as to its restoration to the register as may be prescribed.
47. Where a trade mark has been removed from the register for non-payment of the fee for renewal, it shall, nevertheless, for the purpose of any application for registration of a trade mark during one year next after the date of such removal, be deemed to be a trade mark that is already on the register:
Provided that the foregoing provisions of this section shall not have effect when the Registrar is satisfied either-
(a) that there has been no bona fide trade use of the trade mark that has been removed during the 2 years immedi- ately preceding its removal; or
(b) that no deception or confusion would be likely to arise from the use of the trade mark that is the subject of the application for registration by reason of any previous use of the trade mark that has been removed.
RECTIFICATION AND CORRECTION OF REGISTER
48. (1) Subject to the provisions of this Ordinance-
(a) any person aggrieved by the non-insertion in or omission from the register of any entry, or by any entry made in the register without sufficient cause, or by any entry wrongly
Page 25Page 26
No comments yet.
Private notes are available after approval.