Page:Trade Marks Ordinance (Cap. 559).pdf/64

TRADE MARKS ORDINANCE Amendment of regulations 10. (1) An amendment of the regulations governing the use of a registered collective mark is not effective until the amended regulations are filed and are accepted by the Registrar.

(2) Before accepting any amended regulations the Registrar may, in any case where it appears to him expedient to do so, cause or require notice of the amendment to be published in the official journal.

(3) If notice of the amendment is published in the official journal, notice of opposition may be given relating to any of the matters mentioned in section 6(1) and (2) of this Schedule. Infringement: rights of authorized users 11. The following provisions apply in relation to an authorized user of a registered collective mark as in relation to a licensee of a registered trade mark—
 * (a) section 18(6) of this Ordinance (infringement of registered trade mark); and
 * (b) section 25(3) of this Ordinance (order for disposal).

12. (1) The following provisions, which correspond to the provisions of section 35 of this Ordinance (rights of licensees generally), have effect as regards the rights of an authorized user in relation to infringement of a registered collective mark.

(2) An authorized user is entitled, subject to any agreement to the contrary between him and the owner of the registered collective mark, to call on the owner to take infringement proceedings in respect of any matter which affects his interests.

(3) If the owner—
 * (a) refuses to do so; or
 * (b) fails to do so within 1 month after being called upon to do so,

the authorized user may bring the proceedings in his own name as if he were the owner.

(4) Where infringement proceedings are brought by virtue of this section, the authorized user may not, without the leave of the court, proceed with the action unless the owner is either joined as a plaintiff or added as a defendant.

(5) Nothing in subsection (4) affects the granting of interlocutory relief on an application by an authorized user alone.

(6) A person who is added as a defendant as mentioned in subsection (4) shall not be made liable for any costs in the action unless he takes part in the proceedings.

(7) In infringement proceedings brought by the owner of a registered collective mark, any loss suffered or likely to be suffered by authorized users shall be taken into account; and the court may give such directions as it thinks fit as to the extent to which the plaintiff is to hold the proceeds of any pecuniary remedy on behalf of such users. Grounds for revocation of registration 13. Apart from the grounds of revocation mentioned in section 52 of this Ordinance (revocation of registration), the registration of a collective mark may be revoked on the ground—
 * (a) that the manner in which the owner uses the collective mark or allows it to be used has caused it to become liable to mislead the public in the manner referred to in section 4(1) of this Schedule;
 * (b) that the owner has failed to observe, or to secure the observance of, the regulations governing the use of the collective mark; or
 * (c) that an amendment of the regulations has been made so that the regulations—
 * (i) no longer comply with section 5(2) of this Schedule and any further requirements imposed by the rules; or
 * (ii) are contrary to accepted principles of morality.

Grounds for invalidity of registration 14. Apart from the grounds of invalidity mentioned in section 53 of this Ordinance (declaration of invalidity of registration), the registration of a collective mark may be declared invalid on the ground that the collective mark was registered in breach of section 4(1) or 6(1) or (2) of this Schedule.