1158

No. 40 of 1909.

TRADE MARKS.

Falsification of register. 5 Edw. 7, c. 15, s. 66.

Penalty for falsely representing a trade mark as registered. 5 Edw. 7, c. 15, s. 67.

Unauthorized assumption of Royal Arms. 5 Edw. 7, c. 15, s. 68.

connexion with such goods, the Governor in Council may, if he shall judge it to be to the public advantage, permit such association or person to register such mark as a trade mark in respect of such goods, whether or not such association or person be a trading association or trader or possessed of a goodwill in connexion with such examination and certifying. When so registered such trade mark shall be deemed in all respects to be a registered trade mark, and such association or person to be the proprietor thereof, save that such trade mark shall be transmissible or assignable only by permission of the Governor in Council.

Offences.

59. Every person who makes or causes to be made a false entry in the register kept under this Ordinance or a writing falsely purporting to be a copy of an entry in any such register, or produces or tenders or causes to be produced or tendered in evidence any such entry or writing, knowing the same to be false, shall be guilty of a misdemeanor.

60.-(1) Every person who represents a trade mark as registered in Hong Kong which is not so registered shall upon summary conviction be liable to a fine not exceeding one hundred dollars.

(2) A person shall be deemed, for the purposes of this Ordinance, to represent that a trade mark is registered in Hong Kong if he uses in connexion with the trade mark the words "registered in Hong Kong" or any words expressing or implying that registration has been obtained in Hong Kong for the trade mark.

61. Every person who, in connexion with any trade, business, calling or profession-

(1) without the authority of His Majesty, uses the Royal Arms (or arms so closely resembling the same as to be calculated to deceive) in such manner as to be calculated to lead to the belief that he is duly authorized so to use the Royal Arms; or

(2) without the authority of His Majesty or a member of the Royal Family, uses any device, emblem or title in such manner as to be calculated to lead to the belief that he is employed by

* As amended by Law Rev. Ord., 1939.

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