5245-1906-Bills-read-a-first-time--Trade-Marks — Page 2

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THE HONGKONG GOVERNMENT GAZETTE, SEPT. 28, 1906.

Incorpora- tion of existing register.

Inspection of and extract from register.

Trade mark

5. The register of trade marks existing at the date of the commencement of this Ordinance shall be incor- porated with and form part of the register. Subject to the provisions of section thirty-eight of this Ordin- ance the validity of the original entry of any trade mark upon the register so incorporated shall be determined in accordance with the Ordinance in force at the date of such entry, and such trade mark shall retain its original date. but for all other purposes it shall be deemed to be a trade mark registered under this Ordinance,

6. The register kept under this Ordinance shall during office hours be open to the inspection of the publie, subject to such regulations as níay be prescribed, and certified copies, sealed with the seal of the Office of the Registrar of the Supreme Court, of any entry in any such register shall be given to any person requiring the same on payment of the prescribed fee.

Registrable Trade Marks.

7. A trade mark must be registere in respect of

must be for particular goods or classes of goods,

particular

goods,

Registrable

8. A registrable trade mark must contain or consist trade marks, of at least one of the following essential particulars :--

(1) The name of a company, individual or firm

represented in a special or particular man-

ner;

(2) The signature of the applicant for registra-

tion or some predecessor in his business ; (3) An invented word or invented words ; (4) A word or words having no direct reference to the character or quality of the goods, and not being according to its ordinary signification a geographical name or a sur-

name:

(5) Any other distinctive mark; but a name, signature, or word or words, other than such as fall within the descriptions in the above (1), (2), (3) and (4), shall not, except by order of the Governor, be deemed a dis- tinctive mark.

Provided always that any special or distinctive word or words, letter, numeral, or combination of letters or numerals used as a trade mark by the applicant or his predecessors in business before the thirteenth day of August One thousand eight hundred and seventy- five, which has continued to be used (either in its original form or with additions or alterations not sub- stantially affecting the identity of the same) down to the date of the application for registration, shall be registrable as a trade mark under this Ordinance, if it is already registered in England.

For the purposes of this section " distinctive shall mean adapted to distinguish the goods of the pro- prietor of the trade mark from those of other persons,

In determining whether a trade mark is so adapted, the Governor may, in the ease of a trade mark in actual use, take into consideration the extent to which such user has rendered such trade mark in fact distinctive for the goods with respect to which it is registered or proposed to be registered.

9. The Registrar shall refuse to accept any appli- cation upon which the following appear :-

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By

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(a) The words “Patent”, “Patented ", or

Royal Letters Patent' Registered

Registered Design

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Copyright

"Entered at Stationers' Hall”, “To counter- feit this is forgery”, or words to like effect.