732
THE HONGKONG GOVERNMENT GAZETTE, 80TH JULY, 1898.
Preamble.
Short title.
Register of
A BILL
ENTITLED
An Ordinance to amend the Law relating to the Registration of Trade Marks.
WHEREAS, the persons entitled to the benefit and pro- tection of the law in force in this Colony relating to frandulear marks as applied to merchandise are, in many cases, resident in places situated at a distance from this Colony, and, by reason thereof, the proof of trade marks and of the right to the exclusive use thereof in legal pro- cccdings under such law is attended with difficulty, delay, aud expense; and whereas it is expedient to amend the law providing for the registration of trade marks in this Colony:
Be it enacted by the Governor of Hongkong, with the advice and consent of the Legislative Council thereof, as follows:-
1. This Ordinace may be cited for all purposes as The Trade Marks Ordinance, 1893.
2. There shall be kept a book or books in this Colony, Trade Marks, to be called The Register of Trade Marks wherein shall be entered the names and addresses of proprietors of trade marks registered in this Colony, notifications of assignments, and of transmissions of trade marks, and such other matters as the Governor may, from time to time, prescribe. Such register shall be kept as heretofore in the Office of the Colonial Secretary, unless and until the Governor shall, by notification in the Government Gazette, appoint any other place for the keeping thereof.
Trade mark.
Essential particulars
and dis-
Plaimer.
Application
for leave to register trade mark.
Mode of
The Register of Trade Marks kept under any enactment repealed by this Ordinance shall be deemed part of the Register kept under this Ordinance.
3. (1) For the purposes of this Ordinance, a trade mark must consist of or contain at least one of the following essential partienkurs :-
(a.) A name of an individual or firm printed, impressed or woven in some particular and distinctive man-
ner; or
(b) A written signature or copy of a written signature of the individual or firm applying for registration thereof as a trade mark; or
(c.) A distinctive device, mark, brand, heading, label,
or ticket; or
(d.) An invented word or invented words; or
(e.) A word or words having no reference to the character or quality of the goods, and not being a geographical name.
(2.) There may be added to any one or more of the essential particulars, mentioned in this section, any letters, words or figures, or combination of letters, words or figures, or of any of them, but the applicant for registration of any such additional matter must state in his application the essential partienlars of the trade mark, and must diselain in his application any right to the exclusive use of the added matter, and a copy of the statement and disclaimer shall be entered on the register.
(3.) Provided as follows:-
(1) A person need not, under this section, disclaim bis own name or the Foreign equivalent thereof, or his place of business, but no entry of any such name shall affect the right of any owner of the same name to use that name or the foreign equivalent thereof. (ii) Any special and distinctive word or words, letter, figure, or combination of letters or figures, or of letters and figures used as a trade mark before the thirteenth day of August one thousand eight hun- dred and seventy-five, may be registered as a trade mark under this Ordinance if it is already registered in England.
4. Any person claiming the right to the exclusive use of any trade mark, either solely or jointly with others, may apply to the Governor for leave to register the same in The Register of Trade Marks.
5. Every such application shall be made to the Governor appliation, of the Colony in the Form 4 in the Schedule hereto, and shall be accompanied by a facsimile or specimen of the trade mark sought to be registered, and an additional speci- men on a separate paper, and also by a statutory declaration, in the Form B in the Schedule bereto or an affidavit to the
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