Page:Trade Marks Ordinance (Cap. 559).pdf/79

TRADE MARKS ORDINANCE 50. Correction of register

(1) The Registrar may, on request made in the prescribed manner by the registered proprietor—
 * (a) correct any error in the name and address of the registered proprietor of a trade mark; or
 * (b) enter any change in the name and address of the person who is registered as proprietor of a trade mark; or
 * (c) cancel the entry of a trade mark on the register; or
 * (d) strike out any goods or services or classes of goods or services from those in respect of which a trade mark is registered; or
 * (e) enter a disclaimer or memorandum relating to a trade mark which does not in any way extend the rights given by the existing registration of such trade mark.

(2) The Registrar may, on request made in the prescribed manner by a registered user of a trade mark, correct any error, or enter any change, in the name and address of the registered user.

(3) Any decision of the Registrar under this section shall be subject to appeal to the Court.

51. Alteration of registered trade mark

(1) The registered proprietor of a trade mark may apply in the prescribed manner to the Registrar for leave to add to or alter the trade mark in any manner not substantially affecting the identity thereof, and the Registrar may refuse such leave or may grant it on such terms and subject to such limitations as he may think fit.

(2) The Registrar may cause an application under this section to be advertised in the prescribed manner in any case where it appears to him that it is expedient so to do, and where he does so, if within the prescribed time from the date of the advertisement any person gives notice to the Registrar in the prescribed manner of opposition to the application, the Registrar shall, after hearing the parties if so required, decide the matter.

(3) Any decision of the Registrar under this section shall be subject to appeal to the Court.

(4) Where leave as aforesaid is granted, the trade mark as altered shall be advertised in the prescribed manner, unless it has already been advertised, in the form to which it has been altered, in an advertisement under subsection (2).

56. Defensive trade marks to be registered as associated trade marks

A trade mark registered as a defensive trade mark and that trade mark as otherwise registered in the name of the same proprietor shall, notwithstanding that the respective registrations are in respect of different goods or services, be deemed to be, and shall be registered as, associated trade marks.

'''58. Registration as a registered user. Meaning of “permitted use”'''

(1) (a) Subject to the provisions of this section and sections 59 to 63, a person other than the proprietor of a trade mark may be registered as a registered user thereof in respect of all or any of the goods or services in respect of which it is registered (otherwise than as a defensive trade mark) and either with or without conditions or restrictions.
 * (b) The use of a trade mark by a registered user of the trade mark in relation to—
 * (i) goods with which he is connected in the course of trade; or
 * (ii) services with the provision of which he is connected in the course of business,
 * and in respect of which for the time being the trade mark remains registered and he is registered as a registered user, being use such as to comply with any conditions or restrictions to which his registration is subject, is in this Ordinance referred to as the “permitted use” of the trade mark.