Application
for leave to Register
་
(3.) Provided as follows:--
(1) A person nead not under this section disclaim his own mams or the foreiga equivalent thereof, or his place of business, but no entry of any such name shalf affect the right of any owner of the same nunc to use that name or the foreign equivalent theroof. (ii) Any special and distinctive word or words, letter, figure, or combination of letters or figures, or of letters and figures used as a trade mark before the thirteenth day of Angust one thousand eight hum- dred and seventy-five, may ba registered as a trade mark under this Ordinance if it is already registered in England.
4. Any person claiming the right to the exclusive use
of any trade mark, either solely or jointly with others, may trade mark apply to the Governor for leave to register the same in the
Register of Trade Marks.
Mode of application.
Governor
may order registration
documents.
5. Every such application shall be made to the Governor of the Colony in the Form 4 in the Schedide hereto, and sbail be accompanied by a facsimile or specimen of the trade mark sought to be registered, and an additional speci- mon on a separate paper, and also by a statutory declaration, in the Form B in the Schedule hereto or au affidavit to the same effect: Provided always that such application shall not be granted unless notice by advertisement of such application having been made shall have been inserted by the applicant at least once a month in the Government Gazetto and in one or more of the Ilongkong daily newspapers for a period of at least three months before the granting thereof. Such ad- vertisement shall be in the Form Cin the Schedule bereto.
6. Upon compliance with the formalities prescribed by this Ordinance and by any Rules thereunder, for the time ant filing of being in force, including payment of the prescribed fees, it shall be lawful for the Governor, if be shall in his discretion think fit, to grant the application and to onder the registration of the said trade mark in the Re- gister of Trade Marks and the filing in connection there- with of all affidavits, statutory declarations, and such other documents as may be directed to be filed:
Notice of registration in Gazette.
Power to
make rules
of fees.
Provided that the Governor, unless satisfied that two or more parties are entitled to be registored as proprietors of the sabe Trade Mark, shall not register, in respect of the same goods or deseription of goods, a Trade Mark identical with one already on the Registor or having such a resem- blance to a Trade Mark already on the Register, with res - pect to such goods or description of goods, as to be calen- hated in his opinion to deceive.
7. Notice of the rogistration of a trade mark under this Ordinace shall be published by the Colonial Secretary in the Gazette, and the Register of Trade Marks shall be open to public inspection, at all reasonable times, on payment of such fee as may be fixed in manner hereinafter mentioned.
8. It shall be lawful for the Governor-in-Council, from time to time, to make Rules for regulating the practice with and fix seale regard to registration auder this Ordinance and matters in- cidental thereto and for the classification of goods with re- gard to Trade Marks, and generally for the carrying out of the provisions of this Ordinance, and to fix and vary a scale of fees payable in respect of applications and registra- tlou and opposition thereto, and of other matters incidental thereto or provided for by this Ordinance or any Rules thereunder.
Entries in
register and
affidavits to be prind facio evi- dance.
Assiguroent
and trans- mission of
trade mark.
9. From and after the registration of a trade mark, all entries in the Register of Trade Marks and all docu- ments filed under this Ordinance, or an office copy of any such, or of any entry in the register ccrtified under the haud of the Colonial Secretary, sball he ndinitted in all legal proceedings whatever, civil or criminal, as primâ facie evidence of the truth and correctness of the contents thereof rospectively, and of the right therein appearing of the declaraut, 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.
10. A trade mark, when registerod, shall be assigned and transmitted only in connection 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 deter-
ninable with that good-will.
محمد
11. When a person claiming to be the proprietor of Series of several trade marks which, while resembling each other in trade marks. the material particulars thereof, you differ in respect of (a) the statement of the goods for which they are respectively used or proposed to ba used, or (b) statements of numbers. or (c) sluteinents of price, or (d) statements of quality, or (e) statements of natues of places, seeks to register such trade marks, they may be registered as a series in ono Tegistration. A series of trade marks shall be assignalle and transmissible only as a whole, but for all other pur- poses ench of the trade marks eomposing a series shall be deemed and treated as registered separately.
12. Any trade mark may hereafter be removed by the Removal of Colonial Secretary from the Register of Trade Marks after trade mark the expiration of each period of fourteen years from the date after four- of its first registration, subject to the following provisions: unless fee
teen years,
(a.) Where the trade mark has been registered before paid.
the coming into force of this Ordinance, it shali not be removed from the Register on account of the lapse of fourteen years or more from registration, unless notice, by registered letter, lise been sent to the regis- tered proprietor, that fourteen years or more inve BI- pired since registration of the trade mark, and that he is required to pay the prescribed fee within six mouths 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.
(6.) Where the trade mark is registere:l after the coming into force of this Ordinance, it shall not be removed from the Register, on account of the lapse of fourteen years from registration, unless notice, by registered letter, has been sent to the registered proprietor, that fourteen years have expired since registration of the trade mark and that he is required to pay the pre- scribed fee within four months from the date of such noliee, failing which the trade mark will be removed from the Register. If such fee is not paid in accord- ance with sich notice the trade mark may be su removed.
(c.) Where the prescribed fee has not been paid in the time specified in the notice, and the trule mark bus, accordingly, been removed from the Register, the Governor may, if satisfied that it is just so to do, restore the said trado nurk to the Register on pay- ment of double the amount of the said preseribed Ice. d) Where a trade mark has been removed from the Register for non-payment of the fee or otherwise such trade mark shail, nevertheless, for the purpose of any application for registration during one year next after the date of sneb removal, be deemed to he a tale wark which is already registered, unless the Governor shall otherwise direct.
13. It shall be lawful for the Governor-in-Council, at any fawer to time and on such grounds as he shall abink sufficient, to cancel regis. cancel the registration of any trade mark under this Ordi- tration.
hance.
14. A trade mark must be registered for particular Connection goo-ls or classes of goods.
of trade
mark with goods.
15. A male mark may be registered in any colour or Trade marks colours, and such registration shall (subject to the provisions may be
any colour.
of this Ordinance) confer on the registered owner the ex-gistered in clusive right to use the same in that or any other colour or colours.
16. Ordinance No. 16 of 1873, Ordinance No. 8 of 1886, Repeni.
and Ordinauro No. 20 of 1895 are hereby repented.
17. It shall be lawful for the Governor to deal with Pending applications made before the coming into operation of this Applications, Ordinance in such namer as he nny, in euelt case, deem expedient.
Passed the Legislative Council of Hongkong, this 15th
day of August, 1898.
J. G. T. BrOKLE,
Clerk of Councils.
Assouted to by His Excellency the Officer Administering the Government, the 22nd day of August, 1898.
T. SERCOMBE SMITH,
Acting Colonial Secretary,
505.
516