633682-1898-Ordinances-Nos-7-15-and-18-of-1898-assented-to — Page 4

848

THE HONGKONG GOVERNMENT GAZETTE, 27TH AUGUST, 1898.

Application

for leave to register

trade mark.

Mode of

(3.) Provided as follows:-

(1) A person need not under this section disclaim his 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 Eugland.

4. Auy 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 application. of the Colony in the Form A 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 hereto or an affidavit to the same effect: Provided always that such application shall not be granted unless notice by advertisement of such application having been made shall have been inserted by the applicant at least once a month in the Government Gazette and in one or more of the Hongkong daily newspapers for a period of at least three mouths before the granting thereof. Such ad- vertisement shall be in the Form C in the Schedule hereto.

Governor

may order

and filing of documents.

6. Upon compliance with the formalities prescribed by this Ordinance and by any Rules thereunder, for the time registration being in force, including payment of the prescribed fees, it shall be lawful for the Governor, if he shall in his discretion think fit, to grant the application and to order the registration of the said trade mark in the Re- gister of Trade Marks and the filing in connection there- with of all affidavits, statutory declarations, and such other documents as may be directed to be filed:

Notice of

in Gazette.

Provided that the Governor, unless satisfied that two or more parties are entitled to be registered as proprietors of the same Trade Mark, shall not register, in respect of the same goods or description of goods, a Trade Mark identical with one already on the Register or having such a resem- blance to a Trade Mark already on the Register, with res- pect to such goods or description of goods, as to be calen- lated in his opinion to deceive.

7. Notice of the registration of a trade mark under this registration Ordinance shall be published by the Colonial Secretary in the Gazette, and the Register of Trade Marks shall be open to public inspection, at all reasonable times, payment of such fee as may be fixed in manner hereinafter mentioned.

Power to

make rules

of fees.

on

8. It shall be lawful for the Governor-in-Council, from time to time, to make Rules for regulating the practice with and fix scale regard to registration under this Ordinance and matters in- cidental thereto and for the classification of goods with re- gard to Trade Marks, and generally for the carrying out of the provisions of this Ordinance, and to fix and vary a scale of fees payable in respect of applications and registra- tion and opposition thereto, and of other matters incidental thereto or provided for by this Ordinance or any Rules thereunder.

Entries in register and

affidavits to be primâ facie evi- dence.

Assignment and trans- mission of trade mark,

9. From and after the registration of a trade mark, all entries in the Register of Trade Marks and all docu- ments filed under this Ordinance, or an office copy of any such, or of any entry in the register certified under the hand of the Colonial Secretary, shall be admitted in all legal proceedings whatever, civil or criminal, as primâ facie evidence of the truth and correctness of the contents thereof respectively, and of the right therein appearing of the declarant, deponent, applicant or proprietor solely or jointly with others, as the case may be, to the exclusive use of the trade mark therein referred to.

10. A trade mark, when registered, shall be assigned and transmitted only in connection with the good-will of the business concerned in the particular goods or classes of goods for which it has been registered, and shall be deter- minable with that good-will.