1986 Ed.]
Trade Marks
[CAP. 43
37
(b) whether in all the circumstances the proposed assignment or transmission would be to the public advantage.
(2) A certification trade mark shall not be assignable or transmissible to a person who carries on a trade in goods of the kind certified.
(3) Any decision of the Registrar under this section shall be subject to appeal to the Court.
70. Notwithstanding anything in section 82, the Registrar shall not have any jurisdiction to award costs to or against any party on an appeal to him against a refusal of the proprietor of a certification trade mark to certify goods or to authorize the use of the trade mark.
71. The following provisions of this Ordinance shall not have effect in relation to a certification trade mark, that is to say, section 9, sections 13 to 15 (except as expressly applied by sections 65 and 66), sections 19, 27, 32, 37, 40, 41(4) to (7) and 55 to 63, and any provisions the operation of which is limited by the terms thereof to registration in Part B of the register.
72. Sections 64 to 71 shall have effect, in relation to a trade mark that immediately before the commencement of this Ordinance was on the register by virtue of section 59 of the Trade Marks Ordinance 1909, as if the sections had been in force at the date of the registration of the trade mark and it had been registered under those sections, subject however to the following modifications, that is to say-
(a) that the proviso to section 64(1) shall not apply;
(b) that sections 64 to 71 shall have effect as if references therein to the regulations governing the use of certification trade marks had been omitted; and
(c) that the proprietor shall be at liberty, or may be required by the Registrar as a condition of the continuance of the registration, to deposit at any time after the commencement of this Ordinance such regulations as the Registrar may permit or require.
POWERS AND DUTIES OF REGISTRAR
73. (1) The power to give to a person who proposes to apply for the registration of a trade mark in Part A or Part B of the register advice as to whether the trade mark appears to the Registrar prima facie to be inherently adapted to distinguish, or capable of distinguishing, as the case may be, shall be a function of the Registrar under this Ordinance.
(2) Any person who is desirous of obtaining advice as aforesaid shall make application to the Registrar in the prescribed manner.
Registrar not empowered to award costs on appeals to him. 1938 c. 22, FIRST SCHEDULE, Para. 5.
Provisions not applicable to certification trade marks. 1938 c. 22, FIRST SCHEDULE, Para. 6.
Trade mark registered under section 59 of Trade Marks Ordinance 1909, to be deemed registered as a certification trade mark under this Ordinance. 1938 c. 22, THIRD SCHEDULE, Para. 7.
(40 of 1909, See Cap. 43, 1950 Ed.)
Preliminary advice by Registrar as to distinctiveness. 1938 c. 22, s. 42.
1986 Ed.]
Trade Marks
[CAP. 43
37
(b) whether in all the circumstances the proposed assignment
or transmission would be to the public advantage.
(2) A certification trade mark shall not be assignable or transmissible to a person who carries on a trade in goods of the kind certified.
(3) Any decision of the Registrar under this section shall be subject to appeal to the Court.
70. Notwithstanding anything in section 82, the Registrar shall not have any jurisdiction to award costs to or against any party on an appeal to him against a refusal of the proprietor of a certification trade mark to certify goods or to authorize the use of the trade mark.
71. The following provisions of this Ordinance shall not have effect in relation to a certification trade mark, that is to say, section 9, sections 13 to 15 (except as expressly applied by sections 65 and 66), sections 19, 27, 32, 37, 40, 41(4) to (7) and 55 to 63, and any provisions the operation of which is limited by the terms thereof to registration in Part B of the register.
72. Sections 64 to 71 shall have effect, in relation to a trade mark that immediately before the commencement of this Ordinance was on the register by virtue of section 59 of the Trade Marks Ordinance 1909, as if the sections had been in force at the date of the registration of the trade mark and it had been registered under those sections, subject however to the following modifications, that is to say-
(a) that the proviso to section 64(1) shall not apply;
(b) that sections 64 to 71 shall have effect as if references therein to the regulations governing the use of certification trade marks had been omitted; and
(c) that the proprietor shall be at liberty, or may be required by the Registrar as a condition of the continuance of the registration, to deposit at any time after the commence- ment of this Ordinance such regulations as the Registrar may permit or require.
POWERS AND DUTIES OF REGISTRAR
73. (1) The power to give to a person who proposes to apply for the registration of a trade mark in Part A or Part B of the register advice as to whether the trade mark appears to the Registrar prima facie to be inherently adapted to distinguish, or capable of dis- tinguishing, as the case may be, shall be a function of the Registrar under this Ordinance.
(2) Any person who is desirous of obtaining advice as afore- said shall make application to the Registrar in the prescribed
manner.
Registrar not empowered to award costs on appeals to him. 1938 c. 22, FIRST SCHEDULE, Para. 5.
Provisions not applicable to certification trade marks. 1938 c. 22, FIRST SCHEDULE, Para. 6.
Trade mark registered under section 59 of Trade Marks Ordinance 1909,
to be deemed registered as
a certification trade mark under this Ordinance.
1938 c. 22, THIRD SCHEDULE, Para. 7.
(40 of 1909, See Cap. 43, 1950 Ed.)
Preliminary advice by Registrar as to distinctiveness. 1938 c. 22, s. 42.
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