CO129-461 - Governor Sir Stubbs - 1920 [5-7] — Page 353

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to registered addresses in Germany, or in what was formerly

Austria-Hungary, might or might not have reached their des-

tinations. All German and Austro-Hungarian trade marks re-

gistered in Hong Kong were vested in the Custodian by Ordi-

nance No. 11 of 1917, s. 18. It would obviously have been

useless to send to the Custodian a notice of intended removal

of any of these marks. In view of these facts it was thought

desirable to provide expressly that neither omission on the

part of the Registrar to send the prescribed notice, nor non-

receipt of such notice by the registered owner, nor failure

to advertise non-payment of the renewal fee, shall be any bar

to the removal of any expired "enemy" trade mark. The section

applies only to "enemy" trade marks.

3. These expired "enemy" trade marks will in practice

be dealt with in accordance with the general instructions of

the Secretary of State. Under Ordinance No. 11 of 1917, s. 18

(e) they cannot be removed from the register without the order

of the Governor.

4. Under Article 307 of the Treaty of Versailles,

a minimum of one year after the coming into force of the Treaty

must be accorded to the nationals of the High Contracting

Parties without extension fees or other penalty to enable such

persons to accomplish any act, fulfil any formality, pay any

fees and generally satisfy any obligation prescribed by the

laws or regulations of the respective States relating to the

obtaining, preserving, or opposing rights to or in respect of

industrial property either acquired before the lat. August,

1914, or which, except for the war, might have been acquired

since the date as a result of an application made before the

war or during its continuance. Section 3 of the Ordinance