CAP. 43]
Trade Marks
[1986 Ed.
Register of trade marks.
1938 c. 22, s. 1(1) and (4).
Division of register into
2 parts. 1938 c. 22, s. 1(2). [cf. 1919 c. 79, s. 1.]
Trust not to be entered in register.
1938 c. 22, s. 64(1).
Inspection of register.
1938 c. 22, s. 10).
Extracts from register.
[cf. 1905 c. 15, s. 7.)
"trade mark" means, except in relation to a defensive or a certification trade mark, a mark used or proposed to be used in relation to goods for the purpose of indicating, or so as to indicate, a connexion in the course of trade between the goods and some person having the right either as proprietor or as registered user to use the mark, whether with or without any indication of the identity of that person, and means, in relation to a defensive trade mark, a mark registered under section 55, and, in relation to a certification trade mark, a mark registered or deemed to have been registered under section 64;
"transmission" means transmission by operation of law, devolution on the personal representative of a deceased person, and any other mode of transfer not being assignment;
"tribunal" means the Court or the Registrar.
(2) References in this Ordinance to the use of a mark shall be construed as references to the use of a printed or other visual representation of the mark, and references therein to the use of a mark in relation to goods shall be construed as references to the use thereof upon, or in physical or other relation to, goods.
REGISTER OF TRADE MARKS
3. The Registrar shall for the purposes of this Ordinance keep a record called the register of trade marks, wherein shall be entered all registered trade marks, with the dates of their registration, the names, addresses and descriptions of their proprietors, notifications of assignments and transmissions, the names, addresses and descriptions of all registered users, disclaimers, conditions, limitations, and such other matters relating to such registered trade marks as may be prescribed.
4. (1) The register shall be divided into 2 parts, called Part A and Part B.
(2) Part A of the register shall comprise all trade marks entered in the register of trade marks at the commencement of this Ordinance and all trade marks which after the commencement of this Ordinance shall be registered in that Part under the provisions of this Ordinance.
(3) Part B shall comprise all trade marks registered in that Part under the provisions of this Ordinance.
5. There shall not be entered in the register any notice of any trust express, implied or constructive, nor shall any such notice be receivable by the Registrar.
6. The register shall at all convenient times be open to the inspection of the public, subject to such rules as may be prescribed.
7. Certified copies, sealed with the seal of the Registrar, of any entry in the register shall be given to any person requiring the same on payment of the prescribed fees.