906
THE HONGKONG GOVERNMENT GAZETTE, 23RD NOVEMBER, 1889.
Limit of time for proceeding with applica-
tion.
146 and 47, V. c. 57, 8. 63. 51 & 52 V.
c. 50, s. 9.)
Conditions of registration
of trade mark. (46 and 47, V. c. 57, B. 64. 51 and 52 V.
e. 50, s. 10.)
Connection of trade mark with goods. (46 and 47, V. c. 57, s. 65.)
Registration of a series of marks.
(46 and 47,
V. c, 57, s. 66.)
Trade marks may be registered in any colour. (46 and 47,
V. c. 57,
s. 67. 51 and 52 V. c. 50, s. 11.)
Advertise- ment of
application.
(46 and 47, Y. c. 57, 6. 68. 51
and 52 V. c. 50 s. 12.)
Opposition to registration, (46 and 47, V. c. 57 and 69. 51 and 52 V.
c. 50, B. 13.)
12. Where registration of any such trade mark has not been or shall not be completed within twelve months from the date of the application, by reason of default on the part of the applicant, the Comptroller shall give notice of the non-completion to the applicant or his agent within the Colony and if at the expiration of one month from that notice the registration is not completed, the application shall be deemed to be abandoned.
13. (1.) For the purposes of this Ordinance a new trade mark must consist of or contain at least one of the fol- lowing essential particulars:
(a.) A name of an individual or firm printed, impressed, or woven in some particular and distinctive
manner; or
(b.) A written signature or copy of a written signature of the individual or firm applying for registra- tion thereof as a trade mark; or
(c.) A distinctive device, mark, brand heading, label,
or ticket.
(d.) An invented word or words;
(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 this statement and disclaimer shall be entered on the register.
(3.) Provided always that a person need not under this section disclaim his own name or the foreign equivalent thereof or his place of business, but no entry of any such name shall affect the right of any owner of the same name to use that name or the foreign equivalent thereof.
14. A new trade mark must be registered for particular goods, or classes of goods.
15. When a person claiming to be the proprietor of several new trade marks which, while resembling each other in the material particulars thereof, yet differ in respect of (a) the statement of the goods for which they are respect- ively 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 or places, seeks to register such trade marks, they may be registered as a series in one registration. A series of new trade marks shall be assignable and transmissible only as a whole, but for all other purposes each of the trade marks composing a series shall be deemed and treated as registered separately.
16. A new trade mark may be registered in any colour or colours, and such registration shall (subject to the pro- visions of this Ordinance) confer on the registered owner the exclusive right to use the same in that or any other colour or colours.
17. Every application for registration of a new trade mark under this Ordinance shall as soon as may be after its receipt be advertised by the Comptroller, unless he refused to entertain the application, in such manner as may be from time to time prescribed.
18. (1) Any person may within one month or such fur- ther time not exceeding three mouths as the Comptroller may allow, of the advertisement of the application, give notice in duplicate to the Comptroller of opposition to re- gistration of the trade mark, and the Comptroller shall send one copy of such notice to the applicant.
(2.) Within one month after receipt of such notice or such further time as the Comptroller may allow, the appli- cant may send to the Comptroller a counter statement in duplicate of the grounds on which he relies for his applica- tion, and if he does not do so, shall be deemed to have abandoned his application.
(3.) If the applicant sends such counter statement, the Comptroller shall furnish a copy thereof to the person who gave notice of opposition, and shall after hearing the applicant and the opponent, if so required, decide whether the trade mark is to be registered, but his decision shall be subject to appeal to the Court who shall if required hear the applicant and the opponent and the Comptroller and may make an order determining whether and subject to what conditions (if any) registration is to be permitted.