1696 THE HONGKONG GOVERNMENT GAZETTE, SEPT. 28, 1906.
Infringe- ment.
User of name. address, or description of goods.
"Passing off action.
Sealed copies
to be evi- dence.
Certificate
to be evi- dence.
44. In an action for the infringement of a trade mark the Supreme Court shall admit evidence of the usages of the trade in respect to the get-up of the goods for which the trade mark is registered, and of any trade marks or get-up legitimately used in connexion with such goods by other persons,
hond
45. No registration under this Ordinance shall inter- fere with any bona fide use by a person of his own name or place of business, or the use by any person of any ride doseription of the character or quality of his goods. 46. Nothing in this Ordinance contained shall be deemed to affect rights of action against any person for passing off goods as those of another person or the remedies in respect thereof.
Evidence.
47. Printed or written copies or extracts of or from the register. purporting to be certified by the Registrar and sealed with the seal of the Office of the Registrar of the Supreme Court, shall be admitted in evidence in all courts, and in all proceedings, without further proof or production of the originals.
48. A certificate purporting to be under the hand of of Registrar the Registrar as to any entry, matter, or thing which he is authorised by this Ordinance, or rules made there- under, to make or do, shall be primi facie evidence of the entry having been made, and of the contents thereof, and of the matter or thing having been done or not done.
Recognition of agents.
Power of
Powers of Agents.
49. Where by this Ordinance any act has to be done by or to any person in connexion with a trade mark or proposed trade mark or any procedure relating thereto, such act may under and in accordance with rules made under this Ordinance be done by or to an agent of such party duly authorised in the prescribed
nanner.
Rules.
50.-(1) Subject to the provisions of this Ordinance Governor-in- the Governor-in-Council may from time to time make Council to
such rules, prescribe such forms and generally do such make rules.
things as he thinks expedient,-*
A
Fres.
(a) For regulating the practice under this Ordi-
Trance:
(b) For classifying goods for the purposes of
registration of trade marks:
(2) For making or requiring duplicates of trade
marks and other documents:
(d) For securing and regulating the publishing and selling or distributing in such manner as the Governor-in-Council thinks fit;' of copies of trade mark and other documents; (e) Generally, for regulating the business of the office in relation to trade marks and all things by this Ordinance placed under the direction or control of the Registrar.
(2) Rules made under this section shall, whilst in force, be of the same effect as if they were contained in this Ordinance.
(3) Before making any rules under this section the Governor-in-Council shall publish notice of his inten- tion to make the rules and of the place where copies of the draft rules may be obtained in such manner as the
Governor-in-Council considers most expedient, so as to enable persons affected to make representations to the Governor-in-Council before the rules are finally settled.
(4) Any rules made in pursuance of this section shall be forthwith published in The Gazette.
Fees.
51. There shall be paid in respect of applications and registration and other matters under this Ördinance such fees as may be prescribed by the Governor-in- Council.
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