THE HONGKONG GOVERNMENT GAZETTE, 23RD NOVEMBER, 1889.
(2
'Pre-registered Trade Mark” means a trade mark al- ready registered in the United Kingdom, the registration of which is valid and effectual at the date of the application to register under this Ordinance.
"New Trade Mark means any trade mark other than an "Old Trade Mark" or "Pre-registered Trade Mark". the proprietor whereof or whose agent resides in the Colony.
4. The Registrar for the time being shall be the Comp- troller and any act directed to be done by or to him may in his absence be done by or to either of the Deputy Registrars of the Court.
5. (1.) The Governor may at any time after the coming into operation of this Ordinance and from time to time ap- point so many examiners and other officers and clerks with such designations and duties as the Governor thinks fit aud may from time to time remove any of those officers and clerks.
(2.) The salaries of such officers and clerks shall be de- termined by the Governor and the same and the other expenses of the execution of this Ordinance shall be paid out of the Colonial Treasury.
6. The Governor in Council may from time to time make such general rules and forms and do such other things as he thinks expedient
(a.) for regulating the practice of registration, (b.) for classifying goods,
(c.) generally for regulating the business of the Registry in relation to trade marks and all things by this Ordinance placed under the direc- tion and control of the Comptroller.
(2.) The Governor in Council may alter amend or revoke any rules or forms made under this Ordinance.
(3.) All rules and forms made under this Ordinance and any alteration amendment and revocation thereof shall be published in the Gazette.
7. The Registers of old trade marks kept under any enact- ment hereby repealed shall respectively be transferred to the Registry and shall be deemed parts of the same book as the Register of Trade Marks kept under this Ordinance as hereinafter provided.
PART II.
Pre-registered Trade Marks.
8. Any person claiming the right to the exclusive use of a pre-registered trade mark either solely or jointly with others may apply to the Comptroller to register the same.
9. All applications to register any such Trade Mark may at the option of the applicant be made either direct to the Comptroller or transmitted through Her Majesty's Prin- cipal Secretary of State for the Colonies and any such ap- plication shall be accompanied by a fac simile or specimen in duplicate of the Trade Mark sought to be registered and shall be made and verified on oath in the prescribed
manner.
10. Upon compliance with the formalities prescribed to the satisfaction of the Comptroller he may register such trade mark and shall cause notice of such registration to be published in the Gazette.
PART III.
New Trade Marks.
11. (1.) The Comptroller may, on application by or on behalf of the person claiming to be the proprietor of a new trade mark register the same.
(2.) The application shall be made in such form as may be from time to time be prescribed, and must be left at, or sent by post to the Registry in the prescribed manner.
(3.) The application must be accompanied by the pre- scribed number of representations of the trade mark, and must state the particular goods or classes of goods in con- nection with which the applicant desires the trade mark to be registered.
(4.) The Comptroller may, if he thinks fit, refuse to register a trade mark, but any such refusal shall be subject to appeal to the Court, who shall thereupon have jurisdiction to hear and determine the appeal, and may make an order determining whether, and subject to what conditions, if any, registration is to be permitted.
Who to be Comptroller. [46 and 47, V. o. 57, s. 82, (4.)].
Officers and Clerks. Ibid, & 83 (1.)
Power to make rules. (46 and 47, V. c. 57, 8. 101.)
Former Registers to
be transferred to CompTM troller.
Application
to register to whom made. (Ord. No. 16 of 1873, s. 2.)
Application how made,
Registration when granted. (Ord. No. 16 of 1873, s. 4 & 5.)
Application for registra tion.
146 and 47, V. c. 57, s. 62.)
905