ROIT.
THE HONGKONG
Government Gazette.
Published by Authority.
No. 48.
No. 188.
VICTORIA, SATURDAY, 29TH NOVEMBER, 1873.
VOL. XIX.
GOVERNMENT NOTIFICATION.
The following draft Bills, which will be laid before the Legislative Council at its next Meeting, are published for general information.
By Command,
Colonial Secretary's Office, Hongkong, 29th November, 1873.
CECIL C. SMITH, Acting Colonial Secretary.
An Ordinance enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, to provide for the Registration of Trade Marks.
[
, 1873.]
Title.
WHEREAS by "The Merchandize Marks Ordinance, 1803," Preamble.
the Provisions of the Imperial Act entitled "The Mer- [Ord. No. 8 of chandize Marks Act, 1862," have been extended to this Colony. 1863.] And Whereas the Parties entitled to the Benefit and Protection [25 & 26 Vic., of the said Ordinance are, in most Cases, resident in England, or
c. 83.] other Places out of the Colony, and by Reason thereof, the Proof of Trade Marks and of the Right to the exclusive Use thereof in legal Proceedings under the said Ordinance is attended with great Difficulty, Delay, and Expense. And Whereas it is expedient to provide for the Registration of Trade Marks within the Colony, and to amend the Law of Evidence in relation to the Matters aforesaid: Be it enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:-
I. From and after the Passing of this Ordinance, a Public Book Register of shall be kept in the Office of the Colonial Secretary in this Colony Trade Marks. to be called "The Register of Trade Marks."
II. Any Person claiming the Right to the exclusive Use of any Application for Trade Mark, either solely or jointly with others, may apply to the Leave to Governor for Leave to register the same in the "Register of Trade register Trade
Marks."
32
Mark.
Colonial Office.
III. Eve, such Application must be transmitted through Her Application to Majesty's Principal Secretary of State for the Colonies, and must be transmitted be accompanied by a Fac Simile or Specimen of the "Trade Mark through the sought to be registered, verified by Affidavit; and every such Affidavit shall set forth that the Deponent is to the best of his Belief (18 & 19 Vic., entitled solely or jointly with other Persons therein named to the 42, 7 of 1857.]
exclusive Use of such Trade Mark.
tration.
IV. Upon Compliance with the Formalities hereinbefore pre- Governor may scribed, it shall be lawful for the Governor, if he shall in his order Regis- Discretion think fit, to grant the Application and to crder the Registration of the said Trade Mark in the Colonial Secretary's Office and the Filing therein of all Affidavits transmitted therewith in Manner aforesaid.'
Gazette.
V. Notice of the Registration of a Trade Mark under this Ord- Notice of inance shall be published in the Gazette, and the Register of Trade Registration in Marks shall be open to Public Inspection, at all reasonable Times, on Payment of such Fee as may be fixed in Manner hereinafter mentioned.
fix Scale of
VI. It shall be lawful for the Governor in Council, from Time Power to make to Time, to make and vary Rules or Orders for the better carrying Rules and to out of the Provisions of this Ordinance, and to fix and vary a Scale Fees. of Fees payable for the Registration of Trade Marks, the Inspection of the Register, the Filing of Afidavits, the Issue of Office Copies and other incidental Matters.