1954-HKRS29-8-21_Part04 — Page 20

Restraint

of use of

Royal Arma.

Recognition of agents.

Power of Governor in Council

to make rules.

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(b) where that word (being a word other than the word "registered") is of itself such as to indicate that the re- ference is to such registration as last aforesaid; or (c) where that word is used in relation to a mark registered as a trade mark under the law of a country outside the Colony and in relation to goods to be exported to that country.

88. If any person, without the authority of Her Majesty, uses, in councxion with any trade, business, calling or profession, the Royal Arms (or arms so closely resembling the same as to be calculated to deceive) in such manner as to be calculated to lead to the belief that he is duly authorized so to use the Royal Arms, or if any person, without the authority of Her Majesty or of a member of the Royal Family, uses, in connexion with any trade, business, cailing or profession, any device, emblem or title in such manner as to be calculated to lead to the belief that he is employed by, or supplies goods to, Her Majesty or such member of the Royal Family, he may, at the suit of any person who is authorized to use such arms or such device, emblem or title, or who is authorized by the Governor to take proceedings in that behalf, be restrained by injunction from continuing so to use the

Same :

Provided that nothing in this section shall be constrtted as affecting the right, if any, of the proprietor of a trade mark containing any such arms, device, emblem or title to continue to use such trade mark,

Agents.

89. Where by this Ordinance any act has to be done by or to any person in connexion with a trade mark or proposed trade mark or any procedure relating thereto, the act may, under and in accordance with the rules, or in particular cases by special leave of the Registrar, be done by or to an agent of that person duly authorized in the prescribed manner.

Rules.

90. (1) The Governor in Council may by rules prescribe or provide for

(a) regulating the practice under this Ordinance, including

the service of documents:

(b) classifying goods for the purposes of registration of

trade marks;

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(c) making or requiring duplicates of trade marks and other

documents;

(d) securing and regulating the publishing and selling or distributing, in such manner as the Governor in Council may think G, of copies of trade marks and other documents:

(e) forms which shall be used for carrying out the provisions

of this Ordinance ;

(/) fees which shall be paid in respect of applications and

registrations and other matters under this Ordinance;

g) regulating the business of the registry in relation to trade marks and all things by this Ordinance placed under the direction or control of the Registrar;

(4) generally, the carrying into effect the provisions of this

Ordinance.

(2) The rules in the Schedule shall be in force except in so Schedule. far as they may be amended by rules made under this section,

Transitional provisions.

tions under

91. (1) Nuthing in this Ordinance shall be taken to in- Validity of validate the original registration of a trade mark that immediately registra.. before the commencement of this Ordinance was validly on the previous register.

(2) No trade mark which was on the register at the com- mencement of this Ordinance and which under this Ordinance is a registrable trade mark shall be removed from the register on the ground that it was not registrable under the Ordinance in force at the date of its registration.

(3) Nothing in this section shall be construed as having subjected any person to any liability in respect of any act or thing done before the commencement of this Ordinance to which he would not have been subjeu under the Ordinance then in force.

eunctments.

92. The Trade Marks Ordinance is repealed, and all rules Repeal. made thereunder are hereby revolted as and front the commence- (Cap. 40). ment of this Ordinance :

Provided always that the provisions of that Ordinance shall apply to all such applications as may be pending at the date of the commencement of this Ordinance.