12493-1909-Bills-read-a-first-time--Appropriation- — Page 42

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THE HONGKONG GOVERNMENT GAZETTE, OCTOBER 8, 1909.

Class 50.

Miscellaneous-

(1.) Goods manufactured from ivory, bone or wood, not in- cluded in other classes. (2.) Goods manufactured from straw or grass, not included in other classes.

(3.) Goods manufactured from animal and vegetable sub- stances, not included in other classes.

(4.) Tobacco pipes.

(5.) Umbrellas, walking sticks,

brushes and combs.

(6.) Furniture cream, plate

powder.

(7.) Tarpaulins, tents, rick-

cloths, rope, twine.

(8.) Buttons of all kinds other

than of precious metal or imitatious thereof.

(9.) Packing and hose of all

kinds.

(10.) Goods not included in

the foregoing classes.

Such as----

Coopers' wares.

Memorandum,

The law and practice relating to Trade Marks in this Colony is 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, 1995, and the Rules made thereander,

It is considered desirable to introduce that Act and those Rules into the Colony with only such alterations as are necessary, so that our law and practice may be as far as possible nuiform with those at home.

The principal alterations that have been made are:-

The substitution of the Governor for the Board of Trade: an applicant for registration has the option of appealing from the Registrar either to the Governor or to the Court (Section 9) and in opposed cases an appeal from the Re- gistrar lies either to the Court or by consent of the parties to the Governor (Section 14). A new section (22) has been introduced empower- ing the Registrar to refuse to register a mark if he is satisfied that it conflicts with a mark already registered in any part of the British Dominious from which the goods covered by the mark originate.

A proviso has been added to Section 39 to prevent the removal of a mark from the Register for non-user in Hongkong if the mark is registered and in use in any part of the British Domi- nions (cf. Section 37 of English Act).

A special section (43) has been introduced em- powering the Court to remove a mark from the Register on application made within 7 years from registration and upon proof that the mark conflicts with a mark which was registered in any part of the British Dominions from which the goods covered by the mark originate before the registration of the first mentioned mark in Hongkong.

The offence created by Section 61 is limited to falsely representing a mark as registered in Hongkong which is not so registered (Section. 67 of English Act).

W. REES DAVIES, Attorney General.

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