Page:Trade Marks Ordinance (Cap. 559).pdf/69

TRADE MARKS ORDINANCE (2) The old law applies to infringements committed before the commencement date.

(3) It is not an infringement of—
 * (a) an existing registered mark; or
 * (b) a registered trade mark of which the distinctive elements are the same or substantially the same as those of an existing registered mark and which is registered for the same goods or services,

to continue on or after the commencement date any use which did not constitute an infringement of the existing registered mark under the old law. Infringing goods, material or articles 5. Section 23 (order for delivery up), section 24 (limitation on order for delivery up) and section 25 (order for disposal) of this Ordinance apply to infringing goods, material or articles whether made before, on or after the commencement date. Rights and remedies of licensee or authorized user 6. (1) Section 35 of this Ordinance (rights of licensees generally) applies to licences granted before the commencement date, but only in relation to infringements committed on or after that date.

(2) Section 14 of Schedule 4 to this Ordinance (court to take into account loss suffered by authorized users, etc.) applies only in relation to infringements committed on or after the commencement date. Co-ownership of registered mark 7. (1) Subject to subsection (2), section 28 of this Ordinance (co-ownership of registered trade mark) applies as from the commencement date to an existing registered mark of which 2 or more persons were immediately before the commencement date registered as joint owners.

(2) So long as the relations between the joint owners remain such as are described in section 19 or 19A of the repealed Ordinance (jointly owned trade marks relating to goods; and to services), as the case may be, there shall be taken to be an agreement to exclude the operation of section 28 of this Ordinance (co-ownership of registered trade mark). Assignment, etc. of registered mark 8. (1) Section 27 of this Ordinance (nature of registered trade mark) applies to transactions and events occurring on or after the commencement date in relation to an existing registered mark.

(2) Existing entries under section 43 of the repealed Ordinance (registration of assignments and transmissions) shall be deemed to be transferred on the commencement date to the new register and shall have effect as if made under section 29 of this Ordinance (registration of transactions affecting registered trade mark).

(3) Provision may be made by the rules for putting such existing entries in the same form as is required for new entries made in the new register on or after the commencement date.

(4) An application for registration under section 43 of the repealed Ordinance (registration of assignments and transmissions) which is pending on the commencement date shall be treated as an application for registration under section 29 of this Ordinance (registration of transactions affecting registered trade mark) and shall proceed accordingly.

(5) The Registrar may require the applicant to amend his application for registration so as to conform with the requirements of this Ordinance.

(6) Where before the commencement date a person has become entitled by assignment or transmission to an existing registered mark but has not registered his title, any application for registration made on or after that date shall be made under section 29 of this Ordinance (registration of transactions affecting registered trade mark) and shall proceed accordingly.

(7) Section 43 of the repealed Ordinance (registration of assignments and transmissions) continues to apply to cases to which subsections (4) to (6) apply and, in such cases, section 29(3) and (4) of this Ordinance (registration of transactions affecting registered trade mark) does not apply as regards the consequences of failing to register.