THE HONGKONG GOVERNMENT GAZETTE, OCTOBER 8, 1909.
Fees.
58. There shall be paid in respect of applications and Fees. and registration and other matters under this Ordinance such fees as may be prescribed by the Governor-in- Council and a list of such fees shall forthwith be published in the Gazette.
Special Trade Marks.
trade marks.
59. Where any association or person undertakes the Standard- examination of any goods in respect of origin, material, ization mode of manufacture, quality, accuracy, or other char- acteristic, and certifies the result of such examination by mark used upon or in connection with such goods, the Governor-in-Council may, if he shall judge it to be to the public advantage, permit such association or person to re- gister such mark as a trade mark in respect of such goods, whether or not such association or person be a trading association or trader or possessed of a goodwill in con- nection with such examination and certifying. When so registered such trade mark shall be deemed in all respects to be a registered trade mark, and such associa- tion or person to be the proprietor thereof, save that such trade mark shall be transmissible or assignable only by permission of the Governor-in-Council.
Offences.
60. If any person makes or causes to be made a false Falsification
in the register kept under this Ordinance or a entry
of entriestin writing falsely purporting to be a copy of an entry in
register. any such register, or produces or tenders or causes to be produced or tendered in evidence any such writing, know- ing the entry or writing to be false, he shall be guilty of
a misdemeanor.
61.-(1) Any person who represents a trade mark as Penalty on registered in Hongkong which is not so shall be liable for falsely every offence on summary conviction to a fine not exceed- ing fifty dollars.
(2) A person shall be deemed, for the purposes of this Ordinance, to represent that a trade mark is registered in Hongkong, if he uses in connection with the trade mark the words " registered in Hongkong", or any words ex- pressing or implying that registration has been obtained in Hongkong for the trade mark.
Royal Arms.
representing a trade mark as registered.
62. If any person, without the authority of His Ma- Unauthor- jesty, uses in connection with any trade, business, calling, ised or profession, the Royal Arms (or arms so closely resem- assumption bling the same as to be calculated to deceive) in such
of Royal Arms. manner as to be calculated to lead to the belief that he is duly authorised so to use the Royal Arms, or if any per- son without the authority of His Majesty or of a member of the Royal Family, uses in connection with any trade, business, calling, or profession any device, emblem, or title in such manner as to be calculated to lead to the be- lief that he is employed by or supplies goods to His Ma- jesty or such member of the Royal Family, he may, at the suit of any person who is authorised to use such arms or such device, emblem, or title, or is authorised by the Gov- ernor to take proceedings in that behalf, be restrained by injunction or interdict from continuing so to use the same: Provided that nothing in this section shall be construed as affecting the right, if any, of the proprietor of a trade mark containing any such arms, device, emblem, or title to continue to use such trade mark.
Repeal of Previous Enactment,
63. The Trade Marks Ordinance 1898 is hereby re- Repeal of pealed; provided always that it shall be lawful for the previous Registrar, if he considers it expedient so to do, to apply and saving. Ordinance the provisions of that Ordinance to any or all such matters as may be pending at the date of the commencement of this Ordinance.
64. This Ordinance shall come into operation on the Commence-
day of
1910.
*
ment of Ordinance.
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