TRADE MARKS.
No. 40 of 1909.
1801
(3) an invented word or invented words;
(4) a word or words having no direct reference to the character or quality of the goods, and not being according to its ordinary signification a geographical name or a surname;
(5) any other distinctive mark;
but a name, signature, or word or words, other than such as fall within the descriptions in paragraphs (1), (2), (3), and (4), shall not, except by order of the Governor or the court, be deemed a distinctive mark:
Provided always, that any special or distinctive word or words, letter, numeral, or combination of letters or numerals used as a trade mark by the applicant or his predecessors in business before the 13th day of August, 1875, which has continued to be used (either in its original form or with additions or alterations not substantially 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, "distinctive" shall mean adapted to distinguish the goods of the proprietor of the trade mark 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.
5 Edw. 7,
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.
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 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.
TRADE MARKS.
No. 40 of 1909.
1801
(3) an invented word or invented words;
(4) a word or words having no direct reference to the character or quality of the goods, and not being according to its ordinary signification a geographical name or a
surname;
(5) any other distinctive mark;
but a name, signature, or word or words, other than such as. fall within the descriptions in paragraphs (1), (2), (3), and (4), shall not, except by order of the Governor or the court, be deemed a distinctive mark:
Provided always, that any special or distinctive word or words, letter, numeral, or combination of letters or numerals used as a trade mark by the applicant or his predecessors in business before the 13th day of August, 1875, which has continued to be used (either in its original form or with additions or alterations not substantially 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, "distinctive" shall mean adapted to distinguish the goods of the proprietor of the trade mark 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.
5 Edw. 7,
10. A trade mark may be limited in whole or in part to Coloured one or more specified colours, and in such case the fact that trade marks. it is so limited shall be taken into consideration by any c. 15, s. 10. 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 regis- tered for all colours.
tion.
11. It shall not be lawful to register as a trade mark or Restriction part of a trade mark any matter, the use of which would by on registra- reason of its being calculated to deceive or otherwise be 5 Edw. 7, disentitled to protection in a court of justice, or would be c. 15, s. 11. contrary to law or morality, or any scandalous design.
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