TRADE MARKS (EMERGENCY) ORDINANCE

TRADE MARKS (EMERGENCY) ORDINANCE

LAWS OF HONG KONG

TRADE MARKS (EMERGENCY) ORDINANCE

CHAPTER 263



OF





CHAPTER 263.

TRADE MARKS (EMERGENCY) ORDINANCE.

ARRANGEMENT OF SECTIONS.

Section.
page
.

1. Short title ... ... ... ... ... ... ... ... ... ... ... ... 2

2. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... 2

3. Power of Registrar to suspend trade mark rights of an enemy or an enemy
subject ... ... ... ... ... ... ... ... ... ... ... ... 2

4. Effect of war on registration of trade marks ... ... ... ... ... ... 3

5. Power of Registrar to extend time limits having regard to war circumstances ... 1 ..
... ... ... ... ... ... ... ... ... ... ... ... 4

6. Evidence relating to nationality and place of residence, and decisions relating
to enemy character ... ... ... ... ... ... ... ... ... ... 4

7. Persons to be heard before making of orders ... ... ... ... ... ... 5

8. Rules and fees ... ... ... ... ... ... ... ... ... ... ... ... ... 5





CHAPTER 263.

TRADE MARKS (EMERGENCY).

To make such special provision with respect to trade marks as is
expedient to meet any emergency which may arise as a result of
war.

[3rd September, 1939.1

1. This Ordinance may be cited as the Trade Marks (Emergency)
Ordinance.

2. (1) In this Ordinance, unless the context otherwise requires

,,enemy' and 'enemy subject' have the meanings respectively assigned
to them by the Trading with the Enemy Ordinance 1914;

'Registrar' means the Registrar within the meaning of the Trade Marks
Ordinance.

(2) References in this Ordinance to any enactment shall be
construed as references to that enactment as amended by any
subsequent enactment. including, except where the context otherwise
requires, this Ordinance.

3. (1) Where it is made to appear to the Registrar that it is difficult or
impracticable to describe or refer to an article or substance without the
use of a trade mark registered in respect of that article or substance,
being a trade mark which is, or has at any time since the beginning of the
third day of September nineteen hundred and thirty-nine been registered
in the name of an enemy or an enemy subject, whether alone or jointly
with another, or which is, or has at any such time as aforesaid been, in
the proprietorship of an enemy or an enemy subject, whether alone or
jointly with another, the following provisions of this section shall have
effect.

(2) On the application of any person who proposes to deal in the
course of trade in Hong Kong with an article or substance which is or is
intended to be the same as, or equivalent to or a substitute for, the
article or substance in respect of which the trade mark is registered. the
Registrar may order that the right to the use of the trade mark given by
the registration thereof shall be suspended

(a)so far as regards use thereof by the applicant and any such
use thereof by the other person in relation to goods
connected in the course of trade with the applicant as would
not be an infringement of the said right if the applicant were
the proprietor of the trade mark;





(b)to such extent and for such period as the Registrar may
consider necessary for enabling the applicant to render
well-known and established some description of, or means
of reference to, the article or substance with which he
proposes to deal in the course of trade, being a descrip-
tion or means of reference which does not involve the
use of the trade mark.

(3) Where an order has been made, under subsection (2), no
action for passing off shall lie on the part of any person interested
in the trade mark in respect of any use thereof which, by virtue of
the order, is not an infringement of the right to the use thereof
given by the registration thereof.

(4) An order under this section may be varied or revoked by
a subsequent order made by the Registrar.

4. (1) Notwithstanding the provisions of section 5 of the
Trading with the Enemy Ordinance 1914, or any rule of law
relating to intercourse or dealings with or for the benefit of
enemies, it shall be lawful, subject to the provisions of this Ordin-
ance, for a trade mark to be registered under the Trade Marks
Ordinance on the application of an enemy:

Provided that, where such a registration as aforesaid is effected
on the application of an enemy-

(a)the person registered shall not be entitled to require the
issue of the certificate of registration; and

(b)the rights conferred by the registration shall be subject to
any relevant provisions of any enactment for the time
being in force relating to the property of an enemy.

(2) The Registrar may, in any case in which in his opinion it
is desirable in the public interest so to do, refuse to take, or
suspend the taking of, any proceedings on or in relation to an
application of an enemy for the registration of a trade mark.

(3) No act requisite for enabling such a registration as afore-
said to be effected, in so far as it is done for that purpose and
for that purpose only, shall, whether the registration is effected or
not, be treated as a contravention of any of the provisions of
section 5 of the Trading with the Enemy Ordinance 1914, or of
any rule of law relating to intercourse or dealings with or for the
benefit of enemies.

(4) References in this section to an application of an enemy
Shan be construed as including references to an application of an
enemy jointly with any other person, whether an enemy or not.





5. (1) The Registrar may, subject to such conditions, if any, as he
thinks fit to impose, extend the time limited by or under the Trade Marks
Ordinance, or this Ordinance, for doing any act where he is satisfied

(a)that the doing of the act within the time so limited was
prevented by a person's being on active service or by any
other circumstances arising from the existence of a state of war
which, in the opinion of the Registrar, justify an extension of
the time. so limited; or

(b)that, by reason of circumstances arising from the existence of
a state of war, the doing of the act within the time so limited
would have been or would be injurious to the rights or
interests of the person by or on whose behalf the act is or was
to be done or to the public interest.

(2) An extension under this section of the time for doing any act

(a)may be for any period that the Registrar thinks fit,
notwithstanding that by or under any Ordinance power is
conferred to extend the time for doing that act for a specified
period only; and

(b)may be granted notwithstanding that that time expired before
any application or request for extension was made, or that, by
reason of that act not having been done within that time, the
relevant application, registration or proceeding has ceased or
expired, or become void or invalid, or been treated as
abandoned.

(3) The powers conferred by this section may be exercised
notwithstanding that the exercise thereof benefits, whether directly or
indirectly, an enemy or an enemy subject.

6. (1) For the purposes of this Ordinance-

(a)the fact that the address of any person registered in the
register of trade marks kept under the Trade Marks Ordinance
is an address in enemy territory within the meaning of the
Trading with the Enemy Ordinance 1914. shall be prima facie
evidence that that person is resident in that territory; and

(b)the fact that in any such register a person is stated to be of a
particular nationality shall be prima facie evidence that he is of
that nationality.

(2) No order made by the Registrar under this Ordinance shall be
held to be invalid by reason only that any decision made for the
purposes of the order that a particular person is an enemy or an enemy
subject is wrong.





7. Before deciding as to the making of any order under this
Ordinance, the Registrar shall, unless having regard to the circum-
stances he considers it inexpedient or impossible so to do, give to
any person who appears to the Registrar to be interested such
opportunity of being heard as appears to him to be just.

8. (1) The Chief Justice with the approval of the Legislative
Council may make rules for regulating the practice under this
Ordinance, including rules providing for oppositions and rules
regulating the service of documents and the time within which
any act authorized or required by this Ordinance or the rules
may or must be done.

(2) There shall be paid in respect of applications and other
matters under this Ordinance such fees as may be prescribed by
the Chief Justice with the concurrence of the Legislative Council.
Originally 8 of 1940. Short title. Interpretation. 2 & 3 Geo. 6, c. 107, s. 10(1). (Cap. 188.) (Cap. 43.) Power of Registrar to suspend trade mark rights of an enemy or an enemy subject. 2 & 3 Geo. 6, c. 107, s. 3. Effect of war on registration of trade marks. 2 & 3 Geo. 6, c. 107, s. 4. (Cap. 188.) (Cap. 43.) Power of Registrar to extend time limits having regard to war circumstances. 2 & 3 Geo. 6, c. 107, s. 6. (Cap. 43.) Evidence relating to nationality and place of residence, and decisions relating to enemy character. 2 & 3 Geo. 6, c. 107, s. 7. (Cap. 43.) (Cap. 188.) Persons to be heard before making of orders. 2 & 3 Geo. 6,c. 107, s. 8. Rules and fees. 2 & 3 Geo. 6,c. 107, s. 9.

Originally 8 of 1940. Short title. Interpretation. 2 & 3 Geo. 6, c. 107, s. 10(1). (Cap. 188.) (Cap. 43.) Power of Registrar to suspend trade mark rights of an enemy or an enemy subject. 2 & 3 Geo. 6, c. 107, s. 3. Effect of war on registration of trade marks. 2 & 3 Geo. 6, c. 107, s. 4. (Cap. 188.) (Cap. 43.) Power of Registrar to extend time limits having regard to war circumstances. 2 & 3 Geo. 6, c. 107, s. 6. (Cap. 43.) Evidence relating to nationality and place of residence, and decisions relating to enemy character. 2 & 3 Geo. 6, c. 107, s. 7. (Cap. 43.) (Cap. 188.) Persons to be heard before making of orders. 2 & 3 Geo. 6,c. 107, s. 8. Rules and fees. 2 & 3 Geo. 6,c. 107, s. 9.

https://oelawhk.lib.hku.hk/items/show/3039

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