CO129-164 - Sir Kennedy - 1873 [7-9] — Page 219

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RECP SEF

05433 BOARD OF ITAL

Mong stong-

Mo 160.

25th July, 1873- Governor

Sir Arthur Kennedy, se

The

to

Right to norable The Earl of Kimberley-

Cla

Registration of Trade Manres Transmits Draft Ordinance

for the

for the and

providing for

solicits instructions as to its

introduction..

An Ordinance enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, to provide for the Registration of Trade Marks.

[

1873.]

"

Title.

WHEREAS by "The Merchandiz Marks Ordine reg: 23," Preamble.

the Provisions of the Imperial Act entitled "The Mer- [Ord. No. 8 of chandize Marks Act, 1862," have been extended to this Colony, 1803.] And Whereas the Parties entitled to the Benefit and Protection (25 & 28 Vic., of the said Ordinance are, in most Cases, resident in England, or

[e. 88.] other Places out of the Colony, and by Reason thereof, the Proof of Trade Marks and of the Right to the exclusive Use thereof in leg l Proceedings under the said Ordinance is attended with great Liculty, Delay, and Expense. And Whereas it is expedient to provide for the Registration of Trade Marks within the Colony, and to amend the Law of Evidence in relation to the Matters aforesaid: Be it enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:-

I. From and after the Passing of this Ordinance, a Public Book Register of shall be kept in the Office of the Colonial Secretary in this Colony Trade Marks. to be called "The Register of Trade Marks."

1. Any Person claiming the Right to the exclusive Use of any Application for Trade Mark, either solely or jointly with others, may apply to the Leave to Governor for Leave to register the same in the "Register of Trade register Trade Marks."

Mark.

II. Every such Application must be transmitted through Her Application to Majesty's Principal Secretary of State for the Colonies, and must be transmitted be accompanied by a Fue Simile or Specimen of the "Trade Mark" through the sought to be registered, verified by Affidavit; and every such Colonial Office. Affidavit shall set forth that the Deponent is to the best of his Belief 18 & 19 Vie., entitled solely or jointly with other Persons therein named to the 2, 7 of 1857.] exclusive Use of Such Trade Mark.

tration.

IV. Upon Compliance with the Formalities hereinbefore pre- Governor may scribed, it shall be lawful for the Governor, if he shall in his order Regis- Discretion think fit, to grant the Application and to order the Registration of the said Trade Mark in the Colonial Secretary's Office and the Filing therein of all Affidavits transmitted therewith

in Manner aforesaid.

Gazelle.

V. Notice of the Registration of a Trade Mark under this Ord- Notice of inance shall be published in the Gazette, and the Register of Trade Registration in Marks shall be open to Public Inspection, at all reasonable Times, on Payment of such Fee as may be fixed in Manner hereinafter mentioned.

Fees.

VI. It shall be lawful for the Governor in Council, from Time Power to make to Time, to make and vary Rules or Orders for the better carrying Rules and to out of the Provisions of this Ordinance, and to fix and vary a Scale Scale of of Fees payable for the Registration of Trade Marks, the Inspection of the Register, the Filing of Affidavits, the Issue of Office Copies and other incidental Matters.

Evidence,

VII. From and after the Registration of a Trade Mark, all Entries in Entries in the Register of Trade Marks and all Affidavits filed in Register and the Office of the Colonial Secretary under this Ordinance, or an Affidavits to be Office Copy of any such Affidavit, or of any such Entry in the Prima facie Register certified under the Hand of the Colonial Secretary shall be admitted in all Legal Proceedings whatever, Civil or Criminal, as prima facie Evidence of the Truth and Correctness of the Con- tears thereof respectively, and of the Right therein appearing of the Deponent solely or jointly with others as the Case may be, to the exclusive Use of the Trade Mark therein referred to.

VIII. It shall be lawful for the Governor in Council, at any Power to Time and on such Grounds as he shall think sufficient, to cancel the cancel Regis- Registration of any Trade Mark under this Ordinance.

tration.

IX. This Ordinance and "The Merchandize Marks Ordinance, Ordinances to 1863," shall be read together and construed for all Purposes as be construed

together.

One Ordinance,

2 Enclosures.