1937_TRADE_MARKS_ORDINANCE__1909 — Page 2

TRADE MARKS.

No. 40 of 1909.

1141

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means the register of trade marks kept

(c) "The register

under this Ordinance;

(d) "The Registrar" means such officer as the Governor may appoint to be Registrar of Trade Marks;

(e) "Registered trade mark means a trade mark which is actually upon the register;

"

(f) "Registrable trade mark means a trade mark which is capable of registration under this Ordinance;

(g) "The seal of the Registrar

means the seal of the office in which the register of trade marks is kept;

(h) Trade mark means a mark used or proposed to be used upon or in connexion with goods for the purpose of indicating that they are the goods of the proprietor of such trade mark by virtue of manufacture, selection, certification, dealing with or offering for sale;

(i) "The tribunal" means the Governor, the court or the Registrar.

Seal.

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3. The Registrar shall use a seal having a device and Seal. impression of the Royal Arms with a label surrounding the same and the inscription "Registrar of Trade Marks, Hong Kong and the use of such seal from and after the 10th day of December, 1909, is hereby validated and authorized.

Register of trade marks.

4. There shall be kept for the purposes of this Ordinance, Register of

trade marks. at such office as the Governor shall by notification direct, a

5 Edw. 7, book called the register of trade marks, wherein shall be entered c. 15. s. 4. all registered trade marks with the dates of their registration, the names and addresses of their proprietors, notifications of assignments and transmissions, disclaimers, conditions, limita- tions and such other matters relating to such trade marks as may be prescribed. The register shall be kept under the control and management of the Registrar.

5. There shall not be entered in the register any notice of Trust not to any trust expressed, implied or constructive, nor shall any such be entered notice be receivable by the Registrar.

on register.

5 Edw. 7, c. 15, s. 5.