1901_TRADE_MARKS_ORDINANCE__1898 — Page 2

D 1898.]

TRADE MARKS.

[No. 6

365

BE it therefore enacted by the Governor of Hongkong, with the advice

consent of the Legislative Council thereof, as follows:- This Ordinance may be cited as the Trade Marks Ordinance, 1898. (1) There shall be kept a book or books in this Colony, to be led the Register of Trade Marks, wherein shall be entered the names nd addresses of proprietors of trade marks registered in this Colony, fications of assignments and of transmissions of trade marks, and fah other matters as the Governor may from time to time prescribe.

2) The Register shall be kept as heretofore in the Office of the Colonial Secretary, unless and until the Governor, by notification in The Gazette, appoints any other place for the keeping thereof.

(3.) The Register of Trade Marks kept under any enactment in force before the commencement of this Ordinance shall be deemed part of the Register kept under this Ordinance.

Short title.

Keeping of Register of Trade Marks. 46 & 47 Vict.

c. 57 s. 78:-

3(1.) For the purposes of this Ordinance, a trade mark must con- Conditions of stof or contain at least one of the following essential particulars:-

a name of an individual or firm printed, impressed, or woven in some particular

(b.) a written and distinctive manner; or

a written signature or copy

or copy of a written signature of the indi- vidual or firm applying for registration thereof as a trade mark; or a distinctive device, mark, brand, heading, label, or ticket; or an invented word or invented words; or

a word or words having no reference to the character or quality of the goods, and not being a geographical name.

(2) There may be added to any one or more of the essential particu- lars mentioned in this section any letters, words, or figures, or combina- on of letters, words, or figures, or of any of them, but the applicant for gistration of any such additional matter must state in his application he essential particulars of the trade mark, and must disclaim in his #pplication any right to the exclusive use of the added matter, and a opy of the statement and disclaimer shall be entered on the Register."

(3) Provided as follows:-

(a) a person

な

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

and

(b) any special and distinctive word or words, letter, figure, or com- bination of letters or figures or of letters and figures, used as a trade mark before the 13th day of August, 1875, may be regis- tered as a trade mark under this Ordinance, if it is already regis tered in England.

registration of trade

marke

51 & 52 Fict.

c. 50 s. 10.