THE HONGKONG GOVERNMENT GAZETTE; 30ти JULY, 1898.
sa me effect: Provided always that such application shall not begranted unless notice by advertisement of such application having been made shall have been inserted by the applicant at least once a month in the Government Gazette and in one or more of the Hongkong daily newspapers for a period of at least three months before the granting thereof. Such ad- vertisement shall be in the Form C in the Schedule hereto.
6. Upon compliance with the formalities prescribed by Governor this Ordinance and by any Rules thereunder, for the time may order being in force, including payment of the prescribed fees, registration
and filing of it shall be lawful for the Governor, if he shall, in his documents. discretion, think fit, to grant the application and to order the registration of the said trade mark in The Re- gister of Trade Marks and the filing in connection there- with of all affidavits, statutory declarations, and such other documents as may be directed to be filed:
Provided that the Governor, unless satisfied that two or more parties are entitled to be registered as proprietors of the same Trade Mark, shall not register, in respect of the same goods or description of goods, a Trade Mark identical with one already on the Register or having such a resem- blance to a Trade Mark already in the Register, with res- pect to such goods or description of goods, as to be caleu- lured in his opinion to deceive.
in Gazette.
7. Notice of the registration of a trade mark under this Notice of Ordinance shall be published by the Colonial Secretary in registration the Gazette, and The Register of Trade Marks shall be open to public inspection. at all reasonable times, on payment of such fee as may be fixed in manner hereinafter mentioned.
and fix scal of fees.
8. It shall be lawful for the Governor-in-Council, from Power to time to time, to make Rules for regulating the practice with make rules regard to registration under this Ordinance and matters in- cidental thereto and for the classification of goods with re- gard to Trade Marks, and generally for the carrying out of the provisions of this Ordinanec, and to fix and vary a scale of fees payable in respect of applications and registra- tion and opposition thereto, and of other matters incidental thereto or provided for by this Ordinance or any Rules thereunder.
any
9. From and after the registration of a trade mark, all entrics in The Register of Trade Marks and all docu- incuts filed under this Ordinauce, or an office copy of such, or of any entry in the register cortilled under the hand of the Colonial Secretary, shall be admitted in all legal proceedings whatever, civil or criminal, as primâ facic evidence of the truth and correctness of the contents thereof respectively, and of the right therein appearing of the deponent applicant or proprietor solely or jointly with others, as the case may be, to the exclusive use of the trade mark therein referred to.
Entries in register and affidavits to fare evi- be prima dence.
mission of trade mark.
10. A trade mark, when registered, shall be assigned Assignment and transmitted only in connection with the good-will of and trans- the business concerned in the particular goods or classes of goods for which it has been registered, and shall be deter-
ninable with that good-will.
11. When a person claiming to be the proprietor of Series of several trade marks which, while resembling each other in trade marks, the material particulars thereof, yor differ in respect of (a) the statement of the goods for which they are respectively used or proposed to be used, or (b) statements of numbers, er (c) statements of price, or (d) statements of quality, or (e) statements of names of places, seeks to register such trade marks, they may be registered as a series in one registration. A series of trade marks shall be assignable and transmissable only as a whole, but for all other pur- poses each of the trade marks composing a series shall be deemed and treated as registered separately.
Removal of trade mark after four-
teen years, unless foo
12. Any trade mark may hereafter be removed by the Colonial Sceretury from The Register of Trade Marks after the expiration of each period of fourteen years from the date of its first registration, subject to the following provisions
(a.) Where the trade mark has been registered before paid.
the coming into force of this Ordinance, it shall not be removed from the Register on account of the lapse of fourteen years or more, from registration, unless notice, by registered letter, hus been sent to the regis- tered proprietor, that fourteen years or more have ex- piral since registration of the trade mark, and that he is required to pay the prescribed fee within six months from the date of such notice, failing which
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