THE HONGKONG GOVERNMENT GAZETTE, SEPT. 28, 1906.
(b) Representations of Their Majesties or of any
member of the Royal Family.
(e) Pictorial representations of goods to which
the marks are to be applied.
(d) Names of persons in the possessive case in combination with the names of goods.
10.—(1) Representations of the Royal Arms or Royal crests, or arms or crests so nearly resembling them so as to lead to mistake, or of British Royal crowns, or of the British national flags, or the word “ Royal” or any other words, letters or devices, calculated to lead persons to think that the applicant has Royal patronage or authorisation, may not appear on trade marks, the regis- tration of which is applied for. Provided always that nothing contained in this rule shall preclude the Regis- trar from allowing the registration as an old mark", that is as a mark which was used by the applicant or his predecessors in business before the 13th August, 1875, of any mark which was capable of being so regis- tered before the commencement of this Ordinance, provided that such mark is registered in England,
(2) Where representations of the arms of a foreign State or place appear on a mark the Registrar may call for such justification as he may deem necessary for their use.
(3) Where a representation of the arms or emblems of any city, borough, town, place, society, body cor- porate, or institution appears on a mark, the applicant shall, if so required, furnish the Registrar with a consent from such official as the Registrar may consider entitled to give consent to the use of such armis or emblems.
(4) Where the names or representations of living persons appear on a trade mark, the Registrar shall, if he so require, be furnished with consents from such persons before proceeding to register the mark. In the ease of persons recently dead the Registrar may call for consents from their legal representatives before proceeding with registration of a trade mark on which their names or representations appear.
11. A trade mark may be limited in whole or in part Coloured to one or more specified colours, and in such case the trade marks. fact that it is so limited shall be taken into consideration by the Governor or the Registrar when deciding 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.
tion.
12. It shall not be lawful for the Registrar to regis- Restriction ter as a trade mark or part of a trade mark any matter on registra- which so resembles a mark or part of a mark already re- gistered as in his opinion to be calculated to deceive, or would be contrary to law or morality, or any scandalous design.
Registration of Trade Marks,
13.--(1) Any person claiming to be the proprietor of Application a trade mark, either solely or jointly with others, may for registra- apply in writing to the Registrar for leave to enter the tion. same in the Register.
(2) Such application shall be addressed to the Regis- trar in the Form 1 or in the Form 1 (a) in the Schedule hereto and shall be accompanied by three facsimiles or specimens of the trade mark sought to be registered and also by a statutory declaration in the Form 2 in the Schedule hereto or an affidavit to the same effect.
(3) The applicant shall state in his application the essential particulars of the trade mark and shall disclaim in his application any right to the exclusive use of any added matter, in order that the public generally may understand what the applicant's rights, if his mark is registered, will be. A copy of such statement and dis- claimer shall be entered on the register.
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