THE HONGKONG GOVERNMENT GAZETTE, 27TH AUGUST, 1898.
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, yet 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, or (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 transmissible 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 fee
12. Any trade mark may hereafter be removed by the Colonial Secretary 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 provisious :-
(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, has been sent to the regis- tered proprietor, that fourteen years or more have ex- pired 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 the trade mark will be removed from the Register. If such fee is not paid in accordance with such notice the trade mark may be so removed.
(b.) Where the trade mark is registered after the coming into force of this Ordinance, it shall not be removed from the Register, on account of the lapse of fourteen years from registration, unless notice, by registered letter, has been sent to the registered proprietor, that fourteen years have expired since registration of the trade mark and that he is required to pay the pre- scribed fee within four months from the date of such notice, failing which the trade mark will be removed from the Register. If such fee is not paid in accord- ance with such notice the trade mark may be so removed.
(c.) Where the prescribed fee has not been paid in the time specified in the notice, and the trade mark has, accordingly, been removed from the Register, the Governor may, if satisfied that it is just so to do, restore the said trade mark to the Register on pay- ment of double the amount of the said prescribed fee. (d.) Where a trade mark has been removed from the Register for non-payment of the fee or otherwise such trade mark shall, nevertheless, for the purpose of any application for registration during one year next after the date of such removal, be deemed to be a trade mark which is already registered, unless the Governor shall otherwise direct.
13. It shall be lawful for the Governor-in-Council, at any Power to time and on such grounds as he shall think sufficient, to cancel regis- cancel the registration of any trade mark under this Ordi-
nance.
tration.
14. A trade mark must be registered for particular Connection goods or classes of goods.
of trade mark with goods.
15. A trade mark may be registered in any colour or Trade marks colours, and snch registration shall (subject to the provisions may be of this Ordinance) confer on the registered owner the ex-registered in
any colour. clusive right to use the same in that or any other colour or colours.
16. Ordinance No. 16 of 1873, Ordinance No. 8 of 1886, Repeal. and Ordinance No. 20 of 1895 are hereby repealed.
17. It shall be lawful for the Governor to deal with Pending applications made before the coming into operation of this applications. Ordinance in such manner as he may, in each case, deem
expedient.
Passed the Legislative Council of Hongkong, this 15th day of August, 1898.
J. G. T. BrcKLE,
Clerk of Councilk.
Assented to by His Excellency the Officer Administering the Government, the 22nd day of Angust, 1898.
T. SERCOMBE SMITH,
Acting Colonial Storetary,
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