Inspection
of register.
Extracla from register
Trade
mark must be for
particular
goods.
Trade marks registrable
in Part A.
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 seat of the Registrar, of any entry in the register shall be given to any person requiring the same on payment of the prescribed fee.
Registrable Trade Marks.
8. (1) A trade mark must be registered in respect of particular goods or classes of goods.
(2) Any question arising as to the class within which any goods fall shall be determined by the Registrar, whose decision shall be final.
9. (1) A trade mark (other than a certification trade mark) to be registrable in Part A of the register shall contain or consist of at least one of the following essential particulars-
(a) the name of a company, individual, or firm, represented
in a special or particular manner;
(b) the signature (in other than Chinese characters) of the applicant for registration or of some predecessor in his business;
(c) an invented word or invented words;
(d) a word or words having no direct reference to the character or quality of the goods, and not being accord- ing to its ordinary signification a geographical name or
a surname;
(e) any other distinctive mark, but a name, signature, or word or words, other than such as fall within the des- criptions in paragraphs (a), (b), (c) and (d), shall not be registrable under the provisions of this paragraph except upon evidence of its distinctiveness.
(2) For the purposes of this section "distinctive" means adapted, in relation to the goods in respect of which a trade mark is registered or proposed to be registered, to distinguish goods
with which the proprietor of the trade mark is or may be con- nected in the course of trade from goods in the case of which no such connexion subsists, either generally or, where the trade mark is registered or proposed to be registered subject to limita- tions, in relation to use within the extent of the registration,
(3) In determining whether a trade mark is adapted to dis- tinguish as aforesaid the tribunal may have regard to the extent to which-
(a) the trade mark is inherently adapted to distinguish as
aforesaid; and
(b) by reason of the use of the trade mark or of any other circumstances, the trade mark is in fact adapted to dis- tinguish as aforesaid.
marke
10. (1) Where any mark has for not less than two years Trade been bona fide used in the Colony upon or in connexion with any registrable goods (whether for sale in the Colony or exportation abroad), in Part B. for the purpose of indicating that they are goods of the proprietor of the mark by virtue of manufacture, selection, certification, dealing with or offering for sale, the person claiming to be the proprietor of the mark may apply in writing to the Registrar in the prescribed manner to have the mark entered as his regis. tered trade mark in Part B of the register in respect of such goods.
(2) The Registrar shall consider every such application for registration of a trade mark in Part B of the register, and if it appears to him, after such search, if any, as he may deem necessary, that the application is inconsistent with the provisions of subsection (1) of section 12 or section 20, or if he is not satisfied that the mark has been so used as aforesaid, or that it is capable of distinguishing the goods of the applicant, he may refuse the application, or may accept it subject to the conditions, amendments, or modifications as to the goods or classes of goods in respect of which the mark is to be registered, or to such limitations, if any, as to mode or place of user or otherwise as he may think right to impose, and in any other case he shall accept the application.
(3) Every such application shall be accompanied by a statutory declaration verifying the user, including the date of Grst user, and such date shall be entered on the register: