788 THE HONGKONG GOVERNMENT GAZETTE, OCTOBER 8, 1909.
Trust not to
5. There shall not be entered in the register any be entered on notice of any trust expressed, implied, or constructive,
nor shall any such notice be receivable by the Registrar.
register.
Incorpora- tion of existing register.
Inspection of and extract
from register.
Trade mark
must be for particular goods.
Re-
gistrable trade marks.
Coloured
6. The register of trade marks existing at the date of the commencement of this Ordinance shall be incorporated with and form part of the register. Subject to the provi- sions of sections 37 and 42 of this Ordinance the validity of the original entry of any trade mark upon the register so incorporated shall be determined in accordance with the Ordinance in force at the date of such entry, and such trade mark shall retain its original date, but for all other purposes it shall be deemed to be a trade mark registered under this Ordinance.
7. The register kept under this Ordinance shall during office hours be open to the inspection of the public, subject to such regulations as may be prescribed; and certified copies, sealed with the seal of the Office of the Registrar, of any entry in any such register shall be given to any person requiring the same on payment of the prescribed fee.
Registrable Trade Marks.
2. A trade mark must be registered in respect of particular goods or classes of goods.
9. A registrable trade mark minst contain or consist of at least one of the following essential particulars :-
(1) Phe name of a company, individual, or firm represented in a special or particular mauner ; (2) The signature (in other than Chinese characters) of the applicant for registration or some pre- decessor in his business;
(3) An invented word or invented words: (4) A word or words having no direct reference to the character or quality of the goods, and not being according to its ordinary significa- tion a geographical name or a surname; (5) Any other distinctive mark; but a name, signature, or word or words, other than such as fall within the descriptions in the above (1), (2), (3) and (4), shall not, except by order of the Governor or the Court, be deemed a dis- tinctive mark.
Provided always that any special or distinctive word or words, letter, numeral, or combination of letters or name- rals used as a trade mark by the applicant or his predeces- sors in business before the thirteenth day of August one thousand eight hundred and seventy-five, which has con- tinued to be used (either in its original form or with additions or alterations not substantially affecting the iden- tity of the same) down to the date of the application for registration, shall be registrable as a trade mark under this Ordinance, if it is already registered in the United Kingdon as an old mark used before the said date.
For the purposes of this section "distinctive" shall mean adapted to distinguish the goods of the proprietor of the trade mark from those of other persons,
In determining whether a trade mark is so adapted, the Tribunal may, in the case of a trade mark in actual use, take into consideration the extent to which such user has rendered such trade mark in fact distinctive for the goods with respect to which it is registered or proposed to be registered.
10. A trade mark may be limited in whole or in part trade marks. to one or more specified colours, and in such case the fact that it is so limited shall be taken into consideration by any Tribunal having to decide on the distinctive character of such trade mark. If and so far as a trade mark is registered without limitation of colour it shall be deemed to be registered for all colours.
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