659878-1889-Bills-Supplementary-Appropriation-1888-Bills-Expenses-of-Criminal-Lunatics-Bills-Trade-Marks--Amendment-Bills-Naturalization-of-Leung-Shu-Bills-Police-Force-Consolidation--Amendment-Bills-Patents-Amendment- — Page 6

908

THE HONGKONG GOVERNMENT GAZETTE, 23RD NOVEMBER, 1889.

Register. (46 & 47 V. c. 57.)

Bemoval of trade marks, (46 & 47 Y. c. 57, 8, 79. 51 & 52 V. c. 50, 2, 19.)

Trust not to be entered in registers.

(46 and 47,

V. c. 57, s. 85.1

Refusal to

register in certain cases. (46 and 47, V. c. 57, s. 86,)

Entry of assignments and transmis- sions in registers. (46 and 47, V. c. 57, s. 87. 51 & 52 V. c. 50, s. 21.)

Inspection of and extracts from registers. (46 and 47, V. c. 57, s. 88. 51 & 52 V.

c. 50, s. 22.)

Sealed copies to be received in evidence. (46 and 47

V. c. 57, s. 89.)

Register of Trade Marks.

28. The Comptroller shall keep at the Registry one or more books to be called the Register of Trade Marks wherein shall be entered the names and addresses of regis- tered proprietors of trade marks, notifications of assignments and of transmissions of trade marks and such other matters as may from time to time be prescribed.

29. At a time not being less than three mouths and not more than four months before the expiration of fourteen years from the date of registration of any trade mark under this Ordinance, the Comptroller shall send notice to the regis tered proprietor or his agent in the Colony that the trade mark will be removed from the Register unless the pro- prietor pays or causes to be paid to the Comptroller before the expiration of such fourteen years (such notice to name the date at which the same will expire) the prescribed fee ; if such fee be not previously paid, he shall at the expiry of one month from the date of the giving of the first notice send a second notice to the same effect.

(2.) If such fee be not paid before the expiry of such fourteen years the Comptroller may after the end of three months from such expiry remove the.mark from the register and so on from time to time at the expiry of every period of fourteen years.

(3.) If before the expiration of the said last mentioned three months the registered proprietor pays or causes to be paid the said fee together with the, additional prescribed fee, the Comptroller may without removing such trade mark from the register accept the said fee as if it had been paid before the expiry of the said fourteen years.

(4.) Where after the said three months a trade mark has been removed from the register for non-payment of the prescribed fee, the Comptroller may if satisfied that it is just so to do return such trade mark to the register on pay- ment of the original and additional prescribed fees.

(5.) Where a trade mark has been removed for non- payment of the fee or otherwise, such trade mark shall nevertheless for the purpose of any application for regis- tration during one year next after the date of such removal be deemed to be a trade mark which is already registered, unless it is shown to the satisfaction of the Comptroller that the non-payment of the fee arises from the death or bankruptcy of the registered proprietor or from his having ceased to carry on business, and that no person claiming under that proprietor or under his bankruptcy is using the trade mark.

30. There shall not be entered in any register kept under this Ordinance, or be receivable by the Comptroller,

any notice of any trust expressed, implied or constructive.

31. The Comptroller may refuse to register any new trade mark, of which the use would, in his opinion, be contrary to law or morality.

32. Where a person becomes entitled by assignment, transmission, or other operation of law to any registered trade mark, the Comptroller shall ou request, and on proof; of title to his satisfaction cause the name of such person to be entered as proprietor of the trade mark, in the register of trade marks. The person for the time being entered in the register of trade marks, as proprietor of a trade mark shall, subject to the provisions of this Ordinance and to any rights appearing from such register to be vested in any other person, have power absolutely to assign, grant licences as to, or otherwise deal with, the same and to give effectual receipts for any consideration for such assignment, licence, or dealing: Provided that any equities in respect of such trade mark may be enforced in like manner as in respect of any other personal property.

33. Every register kept under this Ordinance shall at all convenient times be open to the inspection of the public, subject to the provisions of this Ordinance and to such regulations as may be prescribed, and certified copies, sealed with the Comptroller's official seal of any entry in any such register shall be given to any person requiring the same on payment of the prescribed fee.

34. Printed or written copies or extracts, purporting to be certified by the Comptroller and sealed with his official seal of or from disclaimers and other documents and of or from registers and other books kept in the Registry shall be admitted in evidence in all Courts in the Colony and in all proceedings, without further proof or production of the originals.