Number of Paragraph.
11
11
12
12
13
14
15
16
17
18
Z
Numbers of Para- graphs in the Provisional Regula tious of August 1904, that agræ
more or less with the new numbering kerein.
Number of Paragraph.
5
deposited mark is not the true name of the proprietor, the Registrar may amend the indorsement so as to show the name of the true proprietor.
Ď
18
9
18a 18
18a 18
9
The Registrar may at any time remove from such collection any marks the use of which has, in fact, been abandoned.
Before removing any mark from such collection or the register, the Registrar shall give due notice to the owner proprietor unless he cannot be found. If he can be found he shall be entitled to be heard before the Registrar removes the mark.
Any owner proprietor may remove his mark from such collection or may apply to the Registrar to cancel his registered mark.
511
Numbers of Para graphs in the Provisional Regula-
tions of August
1904, that agree more or less with
the new numbering herein.
13
13
13
10
19
At the instance of the owners of exclusive rights in a trade-mark, suits may be instituted against any one who may infringe such rights, and on conviction the latter will be muleted in damages.
19
11
20
If an application is found to be in order, and there is no legitimate objection to it, it shall forthwith be adver- tised, and the applicant must supply a suitable block for this purpose.
If within six months after advertisement no protest is made against the registration of the mark, the registrar
if he thinks fit, proceed with the registration.
may,
The period during which Chinese or foreign merchants the proprietor shall have the exclusive right to a registered trade-mark is limited to twenty years from the date of registration. Registration may then be renewed for twenty years, and so on from time to time at the end of every period of twenty years.
The period for trade-marks registered under Regu- lation 5 shall count from the date of registration abroad.
If owners the proprietor of a registered trade-mark wishes to have their his exclusive rights therein continued, they he must, within six months prior to the date of expiry, give notice of their his intention to renew registration.
If an owner the proprietor of a registered trade-mark wishes to transfer his exclusive rights therein to another, or to give others a share therein, be must at once give notice to the Registration Office and have the fact recorded.
Copies of entries on the register, or permission to inspect the register, may be applied for through the Registration Office, or its branches. Those residing at a distance may apply through their agent.
The Registrar will publish in Chinese and English a "Trade Marks Gazette," with a list of trade-marks deposited, and those for which registration has been asked, and of any matters concerning the registration or cancellation of the
same.
The Registrar may at any time remove from the register--
(a.) Marks which ought not to have been registered; (b) Marks which have not for a period of two years from
the date of registration been used;
(c.) Marks the use of which has in fact been abandoned.
Any person aggrieved by the deposit of any mark in such collection may apply to the Registrar to have it removed from such collection. Such removal may be made if such mark has not been used as stated before the date of these regulations, 1st January, 1903, or is an infringement of a mark of the applicants, or on any other just ground. If the naine of the person or firm indorsed on such application
5
17
18
13
12 18
21
Suits for infringement of trade-marks will be conducted as follows:
(a.) If the defendant be a foreigner, the local authorities will move the Consul concerned to hold a joint investigation and trial.
(b.) If the defendant be a Chinese, the Consul concerned will communicate with the Chinese authorities, and a joint investigation will take place.
(c.) If both plaintiff and defendant are Chinese, or if both are foreigners, the Courts concerned will, in a case of infringement, afford all necessary pro- tection.
The under-mentioned offences are punishable with imprisonment up to one year, and a fine not exceeding 300 taels, but judgment can only be given in a suit instituted by the party aggrieved
-----
(a.) Any attempt to use a similar get-up for goods or to imitate a registered trade-mark belonging to another party or to offer the same for sale.
*F
chop," or
(b) To imitate a trade-mark or apply it to a similar class of goods, or knowingly to sell such goods or have the same on the premises for purposes of sale. (c.) To use an imitation of a trade-mark as a to employ for purposes of advertisement. (d.) Knowingly to use packages or wrappers bearing the registered trade-mark of others for the same class of goods, or knowingly to offer the same for sale.
[1948 m-1]
20
21