5244-1906-Minutes--No-11 — Page 2

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THE HONGKONG GOVERNMENT GAZETTE, SEPT. 28, 1906.

1687

Dr. Ho KAI addressed the Council.

1906.

Mr. HEWETT addressed the Council.

ADJOURNMENT.--The Council then adjourned until Thursday, the 27th September,

Read and confirmed this 27th day of September, 1906.

A. G. M. FLETCHER,

Clerk of Councils.

M. NATHAN, Governor.

No. 820.-The following Bills were read a first time at a Meeting of the Council held on the 27th September, 1906:-

A BILL

ENTITLED

An Ordinance to consolidate and amend the Law

relating to Trade Marks.

Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council there- of, as follows :-

1. This Ordinance may be cited as the Trade Marks Ordinance, 1906.

Definitions,

2. In and for the purposes of this Ordinance and Definitions. the Rules made thereunder (unless the context other-

wise requires) :-

A “mark” shall include a device, brand, head- ing, label, ticket, name, signature, word, letter, numeral, or any combination thereof; A trade mark” shall mean a mark used or proposed to be used upon or in connection with goods for the purpose of indicating that they are the goods of the proprietor of such trade mark by virtue of manufacture, selection, certification, dealing with, or offering for sale :

A registrable trade mark

shall mean a trade

mark which is capable of registration under the provisions of this Ordinance :

← The Register" shall mean the register of trade marks kept under the provisions of this Ordinance :

A* registered trade mark" shall mean a trade

mark which is actually upon the register ; "Prescribed" shall mean prescribed by this

Ordinance or the Rules thereunder.

"Agent" shall mean an agent duly authorised

to the satisfaction of the Registrar.

Register of Trade Marks,

3. There shall be kept at the Office of the Registrar Register of of the Supreme Court for the purposes of this Ordi- Trade Marks. nance a book called the Register of Trade Marks, wherein shall be entered all registered trade marks with the dates of their registration, the names and addresses of their proprietors, notifications of assignments and transmissions, disclaimers, conditions, limitations and such other matters, relating to such trade marks as may from time to time be prescribed. The register shall be kept under the control and management of the Registrar of the Supreme Court, who is in this Ordinance referred to as the Registrar.

4. There shall not be entered in the register any notice of any trust expressed, implied, or constructive, nor shall any such notice be receivable by the Registrar,

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