698875-1873-Proceedings-of-Council-September-30- — Page 2

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THE HONGKONG GOVERNMENT GAZETTE, 6TH DECEMBER, 1873.

The Honorable the Chief Justice submits Regulations for the Preliminary Examination of Persons intending to become bound under Articles of Clerkship to Attorneys practising in the Colony, and the said Regulations are approved by the Council, and ordered to be published in the Gazette.

His Excellency adjourns the Council at 40 minutes past 3 o'clock, sine die.

Read and confirmed, this 2nd Day of December, 1873..

L. D'ALMADA E CASTRO,

Clerk of Councils.

GOVERNMENT NOTIFICATION.

A. E. KENNEDY, Governor.

The three following Bills, which were read a first time at a Meeting of the Legislative Council held this day, are published for general information.

By Command,

Council Chamber, Hongkong, 2nd December, 1873.

Tille.

Preamble.

L. D'ALMADA E CASTRO,

Clerk of Councils.

An Ordinance enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, to provide for the Registration of Trade Marks.

[

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1873.]

HEREAS ́by "The Merchandize Marks Ordinance, 1863,”

ford. No. 8 of W the Provisions of the Imperial Mor entitlu nefndar.

1863.]

chandize Marks Act, 1862," have been extended to this Colony. [25 & 26 Vic,, And Whereas the Parties entitled to the Benefit and Protection c. 88.]

of the said Ordinance are, in most Cases, resident in England, or other Places out of the Colony, and by Reason thereof, the Proof of Trade Marks and of the Right to the exclusive Use thereof in. legal Proceedings under the said Ordinance is attended with great Difficulty, Delay, and Expense. And Whereas it is expedient to provide for the Registration of Trade Marks within the Colony, and to amend the Law of Evidence in relation to the Matters aforesaid: Be it enacted by the Governor of Hongkong, with the Advice of the Legislative Council thereof, as follows:-

Register of Trade Marks.

Application for Leave to register Trade Mark.

I. From and after the Passing of this Ordinance, a Public Book shall be kept in the Office of the Colonial Secretary in this Colony to be called "The Register of Trade Marks."

II. 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."

Application to III. Every such Application must be transmitted through Her be transmitted Majesty's Principal Secretary of State for the Colonies, and must through the

be accompanied by a Fae Simile or Specimen of the "Trade Mark Colonial Office. sought to be registered, verified by Affidavit; and every sucht [18 & 19 Vic. Affidavit shall set forth that the Deponent is to the best of his Belief 42, 7 of 1857. entitled solely or jointly with other Persons thereif named to the

tration.

exclusive Use of such Trade Mark.

Governor may IV. Upon Compliance with the Formalities hereinbefore pre- order Regis- scribed, 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 Colonial Secretary's Office and the Filing therein of all Affidavits transmitted therewith in Manner aforesaid.

Notice of

Gazette.

V. Notice of the Registration of a Trade Mark under this Ord- Registration in inance shall be published in the Gazette, and the Register of Trade Marks shall be open to Public Inspection, at all reasonable Times, on Payment of such Fee as may be fixed in Manner hereinafter mentioned.

Power to innke Rules and to fix Scale of Fecs.

Entries in

VI. It shall be lawful for the Governor in Council, from Time to Time, to make and vary Rules or Orders for the better carrying out of the Provisions of this Ordinance, and to fix and vary a Scale of Fees payable for the Registration of Trade Marks, the Inspection of the Register, the Filing of Affidavits, the Issue of Office Copies and other incidental Matters.

VII. From and after the Registration of a Trade Mark, all Register and Entries in the Register of Trade Marks and all Affidavits filed in Affidavits to be the Office of the Colonial Secretary under this Ordinance, or an prima facie Evidence.

Office Copy of any such Affidavit, or of any such Entry in the Register certified under the Hand of the Colonial Secretary shall be admitted in all Legal Proceedings whatever, Civil or Criminal,

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