1919-12-01 — Page 7

THORNYCROFT

JOHN L THORNYCSOFT & Co., Limited,

SHIPBUILDERS AND ENGINEERS,

LONDON, SOUTHAMPTON AND BASINGSTOEK.

Shanghai Office: 65, Szechuen Boad.

MARINE MOTORS AND MOTOR BOATS. MOTOR LIGHTING AND PUMPING SETS. SHALLOW DRAFT STEAMERS. THORNYCROFT CIL FUEL SYSTEM.

Commercial, High-speed and Pleasure Craft.

THORNYCROFT WATER-TUBE

BOILERS.

THORNYCROFT MOTOR VEHICLES.

Our Motor Engineer and our Naval Architaut, both Thornycroft experts, now resident in Shanghai, will give attention to all inquiries.

Early deliveries can be made of 15-bhp, 30-b.h.p, 45.b.b.p., and 70-b.h.p. Kerosene Marine Engines.

LA PERAL

RR ROXBURGH,

Manager for China.

ORIENTE

THE HONGKONG DAILY PRESS, MUNDAY, DECEMBER IFT. 1919.

[1343

DEL

GENUINE MANILA

CIGARS

SOLE AGENTS:

TABAQUERIA FILIPINA.

10 DES VEUX ROAD.

IMPORTANT NOTICE.

[768

IN Manufactures the most Important Point Improvement, and in Distetica

Clesaliness. Baience always insists on these Maxime,

Groundnut or Peanut Oil can be used as a substitute for Olive Oil Batter or Lard, but when slightly Dirty is injurious to health.

In China, by the Ordinary Methods of Extraction, Dirt and Dust are not guarded against: Our Mathod shows a great advance.. By the use of New Machinery and New Methods Scrapulous Cleanliness in Assured.

Our Machinery during the Process Filters the Oil while our Factory is Free from Dust. Our Oil is Clear, Sweet and Fragrant; and Compare most favourably with other Oils used for Culinary purposes: there is no residue

**Prices are moderate so sa to induce new business.”

Analysis is always given before Shipment to Foreign Countries.

NAM CHAU, OIL FACTORY, Office:--No. 38, Connaught Road West, HONGKONG Factory No.5 Kwei Lin Street, BAMSHUPO This Role Proprietorship of this concern belongs entirely to a Chinese Citizen."

TRADE MARKS LEGISLATION

CRITICISM OF THE NEW BIEL

As the Bill to amend the law relating. ta-trade marks has been postponed 'for reconsideration daring the next Parlia mentary Session, it may be both appro priate and useful to draw attention to the principles which underlay previous legi lation and legal decisions The function of a trade mark-to use the words of Lord Justice Bowan-is:—

To give an indication to the purchaser or possible purchaser as to the manufac ture or quality of the goods to give an indication to his eye of the trade source- from which the goods come, or the trade hands through which they pass on their way to the market.

But & word which is in common- use to indicate quality (cannot, bé" appro- printed as a trade mark: the word must serve to associate the commodity" "with some particular maker. A trade mark must be considered to be an important part of the goodwill of a business, and, on that account, fresh legislation de serves the careful consideration of many. facturers and of the public generally.

The projected measure is designed, among other things, to prevent abuses

of trade marks." It is proposed to make. the distinctiveness of a registered mark depend upon evidence. Um the question of distinctiveness it is necessary to roler to the Act of 1908. Section B of that Ast declares that a registrable trade mark. must contain or consist of at least one of the following essential particulars:-

(1) The name of a company, individ nal, or firm represented in a special or particular manner;

SHEWAN, TOMES & CO.

mn

MOTOR, DEPARTMENT.

Distributors for

COLE DODGE & OLDSMOBILE Cars, * FEDERAL Trucks-FISK Tires,

HARLEY-DAVIDSON Motorcycles. ARROW, BRENNAN, JACOBSEN, MEITZ. RED WING ROBERTS, & VENN- SEVERIN Marine engines.

We stock Spare Parts also carry a complete line of. Auto-Accessories and Motorboat Fittings.

Motor Car Storage:

and

„Repairs of all descriptions under Buropean supervision,

Re-painting a speciality.

Inquires and Inspection Invited,

„Call at our Motor Garage

No. 7, Russell St.

or

.Phone 659,

JAVA-CHINA-JAPAN LIJN REGULAR FORTNIGHTLY SERVICE BETWEEN

JAVA CHINA AND JAPAN.

(2) The signature of the applicant for registration or some predecessor in busi | TJITAROEM

·ness;

(3) An invented word. or invented words:

(4) A word of words having no direct reference to the character or quality of the goods, and not being according to its ordinary signification a geographiesi

name, or a surname;

(5) Any other distinctive mark, bet a name, signature, or word or words, other than such as fall within the descriptions in the above paragraphs (1),, (5), (3) and. (4) shall not, except by order of the Board of Trade or the Court, be deemed a dis tinctive mark.

For the words "except by order of the Board of Trade,” etc., section 7 of the Bill substitutes be registrable under the provisions of this paragraph, cxcept upon evidence of distinctiveness.” The Act of 1905 definies ** distinctive" BI

adapted to distinguish the goods of the proprietor of the trade. mark from those of other persons.

REMOVAL FROM THE REGISTER. Perhaps the part of the Bill which is |calculated most seriously to give coceert. to manufacturers is section 6, which pro vides for the removal from the register of" word trade marks" which are used las rames of articles. The ection, entde that where in the case of an aršinskar substance manufactured under a patent a word trade mark registered under the Act is the name or the only practicable name of the article or substanca all righta to the exclusive, use of such a trade mark shall cease upon the expiration of the patent and thereafter the word shall not be deemed to be a distinctive mark. By sub-section (9) of the section if the owner of any registered word trade mark uses his mark as the name of only practicable description of any single chemical sab stance the mark may be removed from the register. But the sub-eection" is not to apply whero the mark is used to de note only the owner's brand or make of such substance, a distinguished from the substance as made by others, and in association with a suitable and

practic. able"name open to the public use."

The proviso just quoted represents a principle on which the Courts had acted. but it is now put in statutory form The first part of section 6 is also a recognition||| of a rule already well established which was laid down by Lord Justice Higby in the." Magnolia" ense-namely, withat when an article is made under a secret. process, or when the maker of it is pro- tected by a patent, the maker or patentes. cannot by any means entitle himself to a. monopoly in the use, after the secret process has been discovered or the term of the patent has expired, of the name by which the manufactured article is ex- clusively known while the secret, in an discovered or the term of the patent is unexpired.

17

Apparently the publlo juris rule re mame, and, that being so; the manufac turer is left still in the hands of the public unless he takes constant: care ta challenge misapplication of the name of bis commodity. Suppose that a maker of waterproofs:" put his coats upon the market under the name of "Dry badly!?! and after some years the public weised upon the word as a substitute for:"water proof," the distinctiveness of the word would disappear and it would receive more protection than the word mackintosh. It would be found print ed without a capital letter and by the action of the people, it would pass into the dictionary as a common noun with

no

EXPECTED WILL LEAVE..

SINGAPORE

STEAKERS

FROM

O OR ABOUT

Гов

¡ON O2 AHOUT

JAVA

30th Nov.

SHANGHAI

TJIKEMBANG

1st Dec.

*JAPAN

5th Dec.

8th Dec.

JAVA

JAPAN

15th Dec

18th Dec..

BALIKPAPAN

TJIKINI

TJIEATJAP

*Wireless Telegraphy.

£93

The Steamers are all fitted throughoas with Electele Light and base assomma lation for limited namoer of Saloon Passengers. All steamers carry a daly qualified surgeon.

20

Cargo taken at through rates to all ports in Netherlands India and Australia.

For Particulars of Freight and¡Passagejapply toļ thi

York Buliding, 1st Floor.

SHIPBUILDERS.

SHIP REPAIRERS. BOILER MAKERS. FORGE MASTERS, ' OXY-ACETYLENE & ELECTRIC WELDERS. MECHANICAL & ELECTRICAL

ENGINEERS.

JAVA-CHINA-JAPAN LIJN.

Telephone Nɔ. 1874.

9

TAIKOO DOCKYARD & ENGINEERING COMPANY

OF HONGKONG,

LIMITED,

-DRY DOCK-

Length 787 Feet Length on Blocks 750 Feet.

Depth on Centre of

Sill (H.W.O.S.T.) 34 ft. 6 ins. -THREE SLIPWAYS-

Capable of Handling Ships Up to .3,000 Tons Displacement." Electric Crane at Sea Wall, Capable of Lifting 100 Tons at 70 Feet Radius.

BUTTERFIELD & SWIRE,

THE ADDRESS: “TAIKDODOCK," HONGKONG, TELIPHONE No. 212.

CALL FLAG: "C" OVER ANS. PENNANT.

THE

PENINSULAR AND ORIENTAL STEAM...

NAVIGATION CO

STEAM FOR STRAITS, "CEYLON,

MEDITER BOMBAY,..... EGYPT,

RANEAN PORTS & LONDON.

Throngh Bill of Lading issued for Batavian, American, Continental, and South African Porta

THE Homeward Mail Steamer

WWW.DILWARA carrying His Majesty' Mail, will be dospatahed from this port about Drone R Fassenger accommodation in the connecting 18rx, 1919, taking Cargo for the above Forts.

reel, if available, secured before s

departure frosa Hongkong.

the quoted synonyms of "waterproof,, Bille and Valuable Cargo for

a for Italy, France ** raincoat.” and “maskintosh. Thall and Jordan (under Arrangement), willi be the manufacturer's goodwill in respect of conveyed by this Steamer proceeding be his trade-mark may be filched from hira Bombay and there transhipped" to the by the public unless he is ever on the on-carrying Steamer for Marseilles and alert to challenge misuse and to maintain London ceded to the Office until the distinctive connotation of his mark. Parcels will be:

The test to be applied is no more than 19 Now the day before sailing. The contents that enunciated by Lord Justice Mellisband value of all packages are required.

whether the use by ochers of the Word For further particulars, wiling which was once 4 trade-mark bag tilla effect of inducing the public to buy "gh which were not made by the original.

er of the mark as if they were

By the proviso to Bection 6, Sub

(2) the manufacturer may

self by coupling with a suitable and practicable name open to the public be a mark which is used to denota only his

Apply to

MACKINNON, MACKENZIE = Co.,

P. & OH. N. Co Post Box 113.-

12 Des Voker Hood Central

AGENTS,

·HÓNGKUNG, CHINA, & JAPAN.

8.8. “VICTORIA " will be despatched

For MANILA, SANDAKAN, THURS- -DAY ISLAND AND AUSTRALIAN FORTS

bence on or about December stb.

This steamer has magnificent first class accommodation and is fitted with wire

less.

Freight and passage apply to the Com- pany's Office, No. 925, Des Toux Road, Central, 1st floor (Wing On Co., Ltd.'s building).

THE CHINA & AUSTRALIA STEAM- SHIP CO, LTD, Agents Hongkong, Nov. 25th, 1918.

WAI KEE

FLAG" AND "BAILMAKER.

[1573

No. 129, Dos Vaux Road Central,

Top Floor, HONGKONG.

TELEPHONE : No.

HALF A CENTURY REPUTATIONS "PILLS FOR THE

LIVEK OF KIUM WYM. Lavaluable for diseases of theus. Linportant organ, Keno Gramal, Paing: « the Back, Gost; ihanantiem, de

D.LECLERC'S

brand. It would be imposable to legis FRENCH LESSONS Price 38. Leading Chemists, or post hele D2472

Inte against the process by which a word: mark becomes publici jurin Indeed, ri would not be in the interests of manus facturers to do so, for no Act of Parla ment with a soporife influence conla be said to sizing the commarcial program of a nation—The Times.

(G." MOUSSION,

Morrison HL BOLD.

Cramo Mimo, Co., I BayArezoom. Boan - Xw., Lombok." Kukataza). Depota 1 Park, 12, Bus „DARZIAZIONE 1-Now-York, 90, BEZIKAS ÜTLEKE; "Fomento, Erzina, Tin; Astrada: Bucide Bunn, Bylay^and, Belbinas Haw: Zaazkan Dass Ca Menu Auckland, Calickirch Disdia Wakilion tza't Indie B, K. Pant & Dog Chatonis

NOTICES TO CONSIGNEES

AMERICAN AND MANCHURIAN

LINE

NOTICE TO CONSIGNEES,

FROM NEW YORK.

THE Steamship

TE

"CITY OF NEWCASTLE.”. baving arrived, Consignees of Cargo are informed that all Goods are being landed at their risk into the Hamedous nad/or axt basardous Undowpe of Holts Wharf, Kowloos, whence delivery may be obtained.

No Chim, will be admitted after the Gooda are left the Godown, and all Goods remaining andelivered after the 3th November will be subject to rent

All Palme sgainst the Stanmer must be presented to the Undersigned on or before the 7th December, 101, or they will

not be

recken, chated and damaged Goods are to be left in the Godowna, where they will be examined on any TESDAYS & FRIDAYS between the hours of 10.45 A.M., and Yoan, within the free storage period.

No Fire Insurance has been effected. Bills of Lading will be countersigned by

THE BANK LINE, LTD, General Agenta November 23rd, 1919. [1887

Hongkong,

STRUTHERS & DIXON, (INC.) NOTICE TO CONSIGNEES.

FROM EATTLE

HE Steamship

THE

"ELKHORN*

having arrived from Seattle vis ports, on November 24th, 1819. Consignees are hereby notifed that their Cargo is being landed as their risk foto the Razardous and/or Ext Hazardous Godowas of the Hongkong and Kowloon Wharf and Godown Co., Ltd, Kowloop, and stored at Consignees ri-k..

Consignees of Cargo a ust profuse an Import

Permit signed by the

& Exports

be

of Lading will

of

befors Billa

All broken, chafed and damaged Cargo is

Centead

to be left in the Godowns where it will re

xamined At 10 AM on December 1st, 1419

chael & Clarke.

by the Company's, Surveyors, Mesara Carmi- All Claims must be presented within thirty days of the steamer's arrival bere, after which

they cannot be recognized No

Claims will be recognized after the Gooda have left the Godowns, and Cargo undelivered on and after December 1st, 1919, will be

rent.

subject to usurance-whatever will be

· affected."

Consignees are requested to sent in their Bill of Lading for countersignature im mediately.

*** BEBUTHERS & DIXON, INC

Agent, big a de 1st Floor Fowell's Building,

12 Des Vaux Road, CL Hongkong, November 24th, 1919. (1573)

GLEN LINE OF STEAMERS, LTD.

NOTICE TO CONSIGNELS.

FROM UNITED KINGDOM, COLOMBO,

AND STRAITS,

Steamship

THE

**GLENAEP*

having arrived from the above ports, Cons migaces of Cargo by ber are betery. aformed that all Goods are being landed at their rink into the hazardous and/or extra buxardona Godoras of the Hongkong and Kowloon Wharf and Godora Company, Limited,

whence, and/or from the whartes delivery

KOBY

be obtaized.

not cleared by Dec, 3rd, 1919, Goods not at 5-F., will be subject to rent.

All broken, chafed and damaged packages are to be left in the Godowns when h

they will!

on Dec. 3rd, 1918, at 10 AM. grims against the Hfesmar must be premenfach within

30 days

of arrival, otherwise shey will not be recognised.

No Fire Insurane's will be

effected. any esse whatever.

Bill of Lading will be countersigned by

JARDINE, MATHESON & 06., Lin,

Agents. A Hongkong,

mg, November 28th, 1919. [1677

NOTICE TO CONSIGNEES.

“SE.” DOYLESTOWN" VOY 1-H

FROM COLOMBO AND SINGAPORE.

18 Above-mentioned vessel having arthroid

from the above-mentioned

Form Conigners of cargo are hereby informed that their Cargo will be farded, at their risk into the Hamardous, and/or ozira Hamz- dans Godowns of the Hongkong and Kowloon Wharf and Godown Co., Ltd, sad stored in Consigne risk

Consignews of Cargo are hereby notified, that they met produce an Import Permit, signed by the Superintendent of Imports and luxportin Hongkong,

before Balls of Lading can be

bo

All brakes, chated and damaged goods are

left. In the Godowns, where they will be examined on Dec. Bed, at 10 A3, and. Dec., 4th, 10:10 43,

within a

All Olshme musk

of the Deum erit Arrival

canal be recognised.

after which they

To Chaters will be admified after the Go kava lety, kas Grędowns and all Goodz remai endalyered afer Dec. 4, will,

to rest

No

Consignees, nes requested to wood in lista

PACIFIC MAIL STEAMSHIP

US SHIPPING BO APAs Openstone

Hongkong, Morvern 7th, 1918,

THE NE