698917-1873-Trade-Marks-Ordinance- — Page 1

600 THE HONGKONG GOVERNMENT GAZETTE, 13TH DECEMBER, 1873.

The Honorable Mr. Justice PAUNCEFOTE replies that he thought no greater honor could have been done to him, than that paid to him at the Public Dinner last night; but now he finds an additional expression of kindness in the Vote of this Council, and he begs to thank His Excellency and Honorable Members for this mark of kindly feeling towards him.-The Ordinances he has prepared since 1865, now fill a large volume, and no difficulties have yet presented themselves in their legal application. He hopes they will continue to prove useful to the Colony. The Honorable Member again thanks the Council for the honor conferred upon him by this Vete. His Excellency then adjourns the Council at 10 minutes past 3 o'clock, sine die.

A. E. KENNEDY,

Governor.

Fead and confirmed, this 9th Day of December, 1873.

L. D'ALMADA E CASTRO,

Clerk of Councils.

Title.

Preamble.

[Ord. Ne, & of 1863.]

HONGKONG.

ANNO TRICESIMO SEPTIMO VICTORIA REGINE.

SIR ARTHUR EDWARD KENNEDY, K.C.M.G., C.B., Governor and Commander-in-Chief.

No. 16 or 1873.

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

[9th December, 1873.]

HEREAS by "The Merchandize Marks Ordinance, 1863," Wthe Provisions of the Imperial Act entitled "The Mer-

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

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."

C

II. Any Person claiming the Right to the exclusive Use of any Trade Mark, either solely or jointly with others, may apply to the register Trade Governor for Leave to register the same in the "Register of Trade

Marks."

Mark.

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 Fac Simile or Specimen of the "Trade Mark" Colonial Office. sought to be registered, verified by Affidavit; and every such [18 & 19 Vie., Affidavit shall set forth the Description and Nature of the Goods

c. 42.-Ord.

No. 7 of 1857.] upon which such Trade Mark has hitherto been, or is intended

Governor may

tration.

to be used, and that the Deponent is to the best of his Belief entitled solely or jointly with other Persons therein named to the exclusive Use of such Trade Mark.

IV. Upon Compliance with the Formalities herein before 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

Registration in Gazette.

V. Notice of the Registration of a Trade Mark under this Ordi- nance 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.