Patents, Designs and Trade Marks. ([Ch. 31. No. 18.

registration thereof in the Register of Trade Marks has been
refused, but in no other case. The Registrar may on
request, and on payment of the prescribed fee, grant a
certificate that such registration has been refused.

47. In an action for infringement of a registered trade
mark, the Court or a Judge may certify that the right to the
exclusive use of the trade mark came in question, and if
the Court or a Judge so certifies, then, in any subsequent
action for infringement, the plaintiff in that action, on
obtaining a final order or judgment in his favour, shall have
his full costs, charges, and expenses as between solicitor
and client, unless the Court or Judge trying the subsequent
action certifies that he ought not to have the same.

48. A trade mark, when registered, shall be assigned and
transmitted only in connection with the goodwill of the
business concerned in the particular goods or classes of
goods for which it has been registered, and shall be
determinable with that goodwill.

49. (1) The registered proprietor of any trade mark
may apply to the Court for Ieave to add to or alter such
mark in any particular, not being an essential particular
within the meaning of this Ordinance, and the Court may
refuse or grant leave on such terms as it may think fit.

(2) Notice of any intended application to the Court
under this section shall be given to the Registrar by the
applicant, and the Registrar shall be entitled to be heard
on the application.

(3) If the Court grants leave, the Registrar shall,
on proof thereof, and on payment of the prescribed fee,
cause the register to be altered in conformity with the order
of leave.

50. (1) At the expiration of fourteen years from the date
of the registration, the trade mark shall be removed from
the register, unless the proprietor pays to the Registrar,
before the expiration of such fourteen years, the prescribed
fee, and so from time to time at the expiration of every
period of fourteen years:

955

Plaintiff to
have full
costs in
subsequent
action.

Assignment
and trans-
mission.

Alteration
of registered
mark.

Removal
from register
after 14
years.