(Cap. 262).
(Cap. 100).
mode of use, as to use in relation to goods to be sold, or otherwise traded in, within the Colony, or as to use in relation to goods to be exported to any market outside the Colony;
"mark'' includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, or any combination thereof; "permitted use" has the meaning assigned to it by subsection (1)
of section 58;
"prescribed" means, in relation to proceedings before the Court or preliminary thereto or connected therewith, prescribed by this Ordinance or by the rules made thereunder or by rules of court and, in other cases, prescribed by this Ordinance or by the rules made thereunder;
"register" means the register of trade marks kept under this Ordinance and any register kept for the purpose of complying with the provisions of the Trade Marks Register (Recon- struction) Ordinance ;
"registrable trade mark" means a trade mark which is capable of registration under the provisions of this Ordinance; "registered trade mark" means a trade mark which is actually
upon the register;
"registered user" means a person who is for the time being
registered as such under section 58;
"Registrar" means such officer as the Governor may appoint to be Registrar General under the provisions of the Registrar General (Establishment) Ordinance;
"scal" means the seal of the Registrar kept in the Trade Marks
Registry Hong Kong, having a device and impression of the Royal Arms with a label surrounding the same and the inscription "Registrar of Trade Marks, Hong Kong", and hitherto used by the Registrar of Trade Marks since the 10th day of December, 1909;
સ
"trade mark" means, except in relation to a defensive or
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 gouds 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, devolu- tion 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.
3.
Register of Trade Marks.
marks.
The Registrar shall for the purposes of this Ordinance Register keep a record called the register of trade marks, wherein shall be of trade entered all registered trade marks, with the dates of their regis- tration, 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 two parts, called Division of 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 commence- ment of this Ordinance may 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.
6.
register into two parts.
There shall not be entered in the register any notice of Trust not any trust express, implied or constructive, nor shall any such to be
entered in notice be receivable by the Registrar.
Tegister.