Page:Trade Marks Ordinance (Cap. 559).pdf/24

TRADE MARKS ORDINANCE (4) An assignment of a registered trade mark, or an assent relating to a registered trade mark, is not effective unless it is made in writing and is signed by or on behalf of the assignor or his personal representative.

(5) The requirement in subsection (4) that an assignment or assent be signed may be satisfied in a case where the assignor or personal representative is a corporation by the affixing of the seal of the corporation.

(6) This section applies to an assignment by way of security as in relation to any other assignment.

(7) A registered trade mark may be the subject of a charge in the same way as other personal property.

(8) Nothing in this Ordinance shall be construed as affecting the assignment or other transmission of an unregistered trade mark as part of the goodwill of a business.

28. Co-ownership of registered trade mark

(1) Where a trade mark is registered in the name of 2 or more persons jointly, each of them is entitled, subject to any agreement to the contrary, to an equal undivided share in the registered trade mark.

(2) Subsections (3) to (6) apply where 2 or more persons are co-owners of a registered trade mark, whether by virtue of subsection (1) or otherwise.

(3) Subject to subsection (4) and to any agreement to the contrary, each co-owner is entitled, by himself or his agents, to do for his own benefit and without the consent of or the need to account to any other co-owner, any act which would otherwise constitute an infringement of the registered trade mark.

(4) One co-owner may not without the consent of each other co-owner—
 * (a) grant a licence to use the registered trade mark; or
 * (b) assign or charge his share in the registered trade mark.

(5) Infringement proceedings may be brought under Part III (infringement of registered trade marks) by any co-owner, but one co-owner may not, without the leave of the court, proceed with the action unless each other co-owner is either joined as a plaintiff or added as a defendant.

(6) A co-owner who is added as a defendant as mentioned in subsection (5) shall not be made liable for any costs in the action unless he takes part in the proceedings.

(7) Nothing in this section affects the granting of interlocutory relief on the application of one co-owner alone.

(8) Nothing in this section affects the mutual rights and obligations of trustees or personal representatives, or their rights and obligations as such.