CO129-359 - Governor Sir Lugard - 1909 [12] — Page 125

MEMORANDUM.

C O

2163

123

Rece22 JAN 10

The law and practice of Trade Marks in the Colony was prior to the passing of this Ordinance not consistent with the law and practice in force in the United Kingdom, The latter was consolidated in 1905 and is embodied in the Trade Marks Act

1905 and the Rules made thereunder.

It has been considered desirable to introduce that Act and these Rules into the Colony with such alterations as are necessary so that our law and practice may be as far as possible

uniform with those at home.

The principal alterations that have heen nade are:-

The substitution of the Governor for the Board of Trade; in unopposed cases an applicant for registration has the option of appealing from the Registrar either to the Governor or to the Court (section 12) and in opposed cases on appeal lies either to the Court or by consent of the partice to the Governor (esction 14).

Section 21 of the English Act (Concurrent user section) was included in the Draft Rill but was struck out at the supres- tion of the Chamber of Commerce on the grounds that the local Mar- ket was too small to allow or honest concurrent user.

A new section (21) has been introduced empowering the Registrar to refuse to register a mark if he is satisfied that it conflicte with a mark already registered in a country or place in which the goods originate.

An application shall not be refused under this section

(a)

(b)

If the applicant proves that he has used the

mark in Hongkong from a date anterior to the

date of registration of the other trade mark;

Or

Unless the opponent gives an undertaking that

he will apply for registration of his trade

NONI