THE HONGKONG GOVERNMENT GAZETTE, 27TH AUGUST, 1898.
any such regulations penalties not exceeding twenty-five dollars in each case. Any such penalty may be sued for and recovered summarily, under the Magistrates Ordinance, 1890. All such regulations shall be published in the Ga- zette and thereupon shall have the force of law.
Passed the Legislative Council of Hongkong, this 15th day of August, 1898.
J. G. T. BUCKLE,
Clerk of Councils.
Assented to by His Excellency the Officer Administering the Government, the 20th day of August, 1898.
847
T. SERCOMBE SMITH,
Acting Colonial Secretary.
No. 18 OF 1898.
An Ordinance to amend the Law relating to the Registration of Trade Marks.
LS
WILSONE BLACK,
Officer Administering the Government.
[22nd August, 1898.]
WHEREAS, the persons entitled to the benefit and pro- Preamble. tection of the law in force in this Colony relating to fraudulent marks as applied to merchandise are, in many cases, resident in places situated at a distance from this Colony, and, by reason thereof, the proof of trade marks and of the right to the exclusive use thereof in legal pro- ceedings under such law is attended with difficulty, delay, and expense; and whereas it is expedient to amend the law providing for the registration of trade marks in this Colony:
Be it euacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-
1. This Ordinance may be cited for all purposes as The Short title. Trade Marks Ordinance, 1898.
2. There shall be kept a book or books in this Colony, Register of to be called the Register of Trade Marks wherein shall Trade Marks. be entered the names and addresses of proprietors of trade marks registered in this Colony, notifications of assignments, and of transmissions of trade marks, and such other matters as the Governor may, from time to time, prescribe. Such register shall be kept as heretofore in the Office of the Colonial Secretary, unless and until the Governor shall, by notification in the Government Gazette, appoint any other place for the keeping thereof.
The Register of Trade Marks kept under any enactment repealed by this Ordinance shall be deemed part of the Register kept under this Ordinance.
3. (1.) For the purposes of this Ordinance, a trade mark Trade mark. must consist of or contain at least one of the following Essential essential particulars :-
particulars
and dis-
(a.) A name of an individual or firm printed, impressed claimer.
or woven in some particular and distinctive man-
ner; or
(b.) A written signature or copy of a written signature of the individual or firm applying for registration thereof as a trade mark; or
(c.) A distinctive device, mark, brand, heading, label,
or ticket; or
(d.) An invented word or invented words; or (e.) A word or words having no reference to the character or quality of the goods, and not being a geographical name.
(2.) There may be added to any one or more of the essential particulars mentioned in this section, any letters, words or figures, or combination of letters, words or figures, or of any of them, but the applicant for registration of any such additional matter must state in his application the essential particulars of the trade mark, and must disclaim in his application any right to the exclusive use of the added matter, and a copy of the statement and disclaimer shall be entered on the register.