1890_TRADE_MARKS_ORDINANCE_1 — Page 2

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ORDINANCE No. 16 or 1873.

Trade Marks.

1301

Application to be transmitted through the Colonial

[18 & 19 Vic., c. 42.—Orl. No. 7 of 1857.]

3. [Every such application must be transmitted through Her Majesty's Principal Secretary of State for the Colonies, and: struck out by Ordinance No. 13 of 1885 and new words substituted which were again repealed by Ordinance No. 8 of 1886 and new words substituted] must be accompanied by a fuc simile or specimen of Office. the "Trade Mark" sought to be registered, verified by affidavit; and every such affidavit shall set forth the description and nature of the goods upon. which such trade mark has hitherto been, or is intended 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.

4. Upon compliance with the formalities hereinbefore prescribed, 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.

5. Notice of the registration of a trade mark under this Ordinance 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.

Governor may order regis- tration.

Notice of registration in Gazette.

make rules and to fix scale of fees.

6. It shall be lawful for the Governor in Council, from time to time, Power to 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.

Entries in register and

prima facie

evidence.

7. From and after the registration of a trade mark, all entries in the register of trade marks and all affidavits filed in the office of the Colonial affidavits to be Secretary under this Ordinance, or an 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, as prima facie evidence of the truth and correctness of the contents thereof respectively, and of the right therein appearing of the deponent solely or jointly with others, as the case may be, to the exclusive use of the trade mark therein referred to.

Power to cancel regis-

8. It shall be lawful for the Governor in Council, at any time and on such grounds as he shall think sufficient, to cancel the registration tration.

any trade mark under this Ordinance.

of

9. This Ordinance and "The Merchandize Marks Ordinance, 1863,"* shall be read together and construed for all purposes as one Ordinance.

[* Repealed] Ordinances to be construed together.