TRADE MARKS.

No. 40 of 1909.

1799

No. 40 of 1909.

An Ordinance to amend the law relating to trade marks.

[Originally No. 40 of 1909.]

[10th December, 1909.]

No. 7 of 1920. Law Rev. Ord., 1924.]

1. This Ordinance may be cited as the Trade Marks Ordinance, 1909.

2. In this Ordinance, (a) "The court" means the Supreme Court, and includes a judge sitting in court or in chambers and in original or summary jurisdiction.

(b) "Mark" includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, or any combination thereof.

(c) "The Register" means the Register of Trade Marks kept under this Ordinance.

(d) "The Registrar" means such officer as the Governor may appoint to be Registrar of Trade Marks.

(e) "Registered trade mark" means a trade mark which is actually upon the Register.

(f) "Registrable trade mark" means a trade mark which is capable of registration under this Ordinance.

(g) "The seal of the Registrar" means the seal of the office in which the Register of Trade Marks is kept.

(h) "Trade mark" means a mark used or proposed to be used upon or in connexion with goods for the purpose of indicating that they are the goods of the proprietor of such trade mark by virtue of manufacture, selection, certification, dealing with, or offering for sale.

(i) "The Tribunal" means the Governor, the court, or the Registrar.

3. The Registrar shall use a seal having a device and impression of the Royal Arms with a label surrounding the same and the inscription "Registrar of Trade Marks, Hong-kong", and the use of such seal from and after the 10th day of December, 1909, is hereby validated and authorised.

* As amended by Law Rev. Ord., 1924.

† See post s. 63.

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