D. 1898.1

TRADE MARKS.

[No. 6.

367

an office copy of any such document or of any entry in the Register entries in Register, etc. under the hand of the Colonial Secretary, shall be admitted in proceedings whatever, civil or criminal, as primâ facie evidence of the truth and correctness of the contents thereof respectively, and of the statements therein appearing of the declarant, deponent, applicant, or proprietor, solely or jointly with others, as the case may be, to the exclusive use of the trade mark therein referred to.

and transmission of trade mark.

10. A trade mark, when registered, shall be assigned and transmitted in connexion with the good-will of the business concerned in the particular goods or classes of goods for which it has been registered, and shall be determinable with that good-will.

11.(1.) When a person claiming to be the proprietor of several 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 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.

(2) A series of 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.

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 provisions:

--Ib; s. 70.

Registration of series of trade marks.

Ib: s. 66.

Removal of trade mark from Register after 14 years, unless fee paid.

(1) where the trade mark has been registered before the commencement 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 registered proprietor that fourteen years or more have expired since the 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;

(2) where the trade mark is registered after the commencement of this Ordinance, it shall not be removed from the Register on account ...

Share This Page