CO129-429 - Public Offices & Others - 1915 — Page 29

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referred to, it is quite possible that different con- siderations might apply.

As regards our own policy we have clearly laid it down that no "Licences" to use Trade Marks will be given; this is contrary to the spirit of the Trade Marks Acts, and has so been held by the Courts. The principles upon which the Board have acted in suspending or avoid- ing Trade Marks will be familiar to the Board. They

are as follows:-

(1)

Where the Trade Mark is the name of a patented

article and a Licence is granted under the Patent pro-

tecting it

(2) Where it is the only name or only practicable

name of an article manufactured under an expired Patent

(3) Where it is the name or the only practicable

name of an article manufactured in accordance with a

known process or a formula which has been published

or is well known in the trade". Generally speaking,

suspension is not granted in the case of pictorial

devices.

Several Orders have already been made in accord-

ance with these principles. The Governor-General of Hong Kong does not appear to have had these proceedings brought to his notice. In accordance further with the spirit of these principles the Board have in more than one case suspended a Trade Mark in favour of applicants who formerly manufactured goods for alien enemies, and

If therefore the sold them under the German Trade Mark. English procedure were adopted it would seem quite

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