TRADE MARKS.
No. 40 of 1909.
1857
affecting the identity of the same) down to the date of the application for registration, shall be registrable as a trade mark under this Ordinance, if it is already registered in the United Kingdom as an old mark used before the said date.
For the purposes of this section adapted to distinguish the goods of the proprietor of the trade mark distinctive shall mean from those of other persons.
In determining whether a trade mark is so adapted, the Tribunal may, in the case of a trade mark in actual use, take into consideration the extent to which such user has rendered such trade mark in fact distinctive for the goods with respect to which it is registered or proposed to be registered.
10. A trade mark may be limited in whole or in part to one or more specified colours, and in such case the fact that it is so limited shall be taken into consideration by any Tribunal having to decide on the distinctive character of such trade mark. If and so far as a trade mark is registered without limitation of colour it shall be deemed to be registered for all colours.
5 Edw. 7 c. 15 s. 10.
11. It shall not be lawful to register as a trade mark or part of a trade mark any matter, the use of which would by reason of its registration being calculated to deceive or otherwise be disentitled to protection in a Court of Justice, or would be contrary to law or morality, or any scandalous design.
Registration of Trade Marks.
12.-(1) Any person claiming to be the proprietor of a trade mark who is desirous of registering the same must apply in writing to the Registrar in the prescribed manner.
(3) Subject to the provisions of this Ordinance the Registrar may refuse an application, or may accept it absolutely or subject to conditions, amendments, or modifications.
(4) In case of any such refusal or conditional acceptance the Registrar shall, if required by the applicant, state in writing and communicate to the applicant the grounds of his decision and the materials used by him in arriving at the same, and such decision shall be subject to appeal to the Governor or the Court at the option of the applicant.
* As amended by No. 21 of 1911 and No. 13 of 1912.
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TRADE MARKS.
No. 40 of 1909.
1857
affecting the identity of the same) down to the date of the applica- tion for registration, shall be registrable as a trade mark under this Ordinance, if it is already registered in the United Kingdom as an old mark used before the said date.
For the purposes of this section adapted to distinguish the goods of the proprietor of the trade mark distinctive shall mean from those of other persons.
In determining whether a trade mark is so adapted, the Tribunal may, in the case of a trade mark in actual use, take into considera- tion the extent to which such user has rendered such trade mark in fact distinctive for the goods with respect to which it is registered or proposed to be registered.
10. A trade mark may be limited in whole or in part to one or Coloured more specified colours, and in such case the fact that it is so limited trade marks. shall be taken into consideration by any Tribunal having to decide on the distinctive character of such trade mark. If and so far as
a trade mark is registered without limitation of colour it shall be deemed to be registered for all colours.
5 Edw. 7 c. 15 s. 10.
tion
11. It shall not be lawful to register as a trade mark or part of a Restriction trade mark any matter, the use of which would by reason of its registra- being calculated to deceive or otherwise be disentitled to protec- ib. s. 11. tion in a Court of Justice, or would be contrary to law or morality, or any scandalous design.
Registration of Trade Marks.
12.-(1) Any person claiming to be the proprietor of a trade Application mark who is desirous of registering the same must apply in writing for registra to the Registrar in the prescribed manner.
[sub-s. (2), rep. No. 21 of 1911.]
(3) Subject to the provisions of this Ordinance the Registrar may refuse an application, or may accept it absolutely or subject to conditions, amendments, or modifications.
(4) In case of any such refusal or conditional acceptance the Registrar shall, if required by the applicant, state in writing and communicate to the applicant the grounds of his decision and the materials used by him in arriving at the same, and such decision shall be subject to appeal to the Governor or the Court at the option
* As amended by No. 21 of 1911 and No. 13 of 1912.
tion. ib. s. 12.
*
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