Rev. 2009]
Trade Marks
CAP. 506
57
made before the appointed day, or to the determination of any appeal from
a determination so made, or to any title acquired for valuable consideration
before the appointed day.
Association of trade marks assignable or transmissible as a whole
only
3. Where immediately before the appointed day a trade mark was
registered in Part B of the register subject to a condition rendering it assignable
or transmissible only as a whole with another trade mark registered in the name
of the same proprietor or with two or more other trade marks so registered, and
not separately, the trade marks shall be deemed to be associated trade marks,
and the entries in the register relating thereto may be amended accordingly.
Previous use of a trade mark by person becoming registered user on
application made within one year of appointed day
4. Where a person is registered as a licensee of a trade mark on an 7 of 2007.
application made within one year from the appointed day, subsection (2) of
section 31 shall have effect in relation to any previous use (whether before or
after the appointed day) of the trade mark by that person, being use in relation
to the goods in respect of which he is registered and, where he is registered
subject to conditions or restrictions, being use such as to comply substantially
therewith, as if such previous use had been permitted use.
Use of trade mark for export trade before appointed day
5. Section 34 shall be deemed to have had effect in relation to an act 5 of 1994.
done before the appointed day in relation to goods or services as it has effect in
relation to an act done after the appointed day without prejudice, however, to any
determination of the court or the Registrar which was made before the appointed
day or to the determination of any appeal from a determination so made.
Savings in respect of the repealed Trade Marks Ordinance
6. (1) Nothing in this Act shall be taken to invalidate the original
registration of a trade mark which immediately before the appointed day was
validly on the register.
(2) No trade mark which was upon the register on the appointed day and
which, having regard to any differences as between the provisions of this Act
and the provisions of the Trade Marks Ordinance (now repealed) whether as
respects limitations which may be imposed on registration or as respects any
other matter, was then a registrable trade mark under that Ordinance shall be
removed from the register on the ground that it was not registrable under the
Ordinance in force at the date of its registration.
(3) Nothing in this Act shall subject any person to any liability in respect
of any act or thing done before the appointed day to which he would not have
been subject under the repealed Ordinance.
Cap. 293 (1948).