TRADE MARKS.
No. 40 of 1909.
1143
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.
trade marks
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.
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.
(2) 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.
(3) 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
* As amended by Law Rev. Ord., 1939.
Application for registration.
5 Edw. 7, c. 15, s. 12.
*
TRADE MARKS.
No. 40 of 1909.
1143
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.
trade marks
5 Edw. 7,
10. A trade mark may be limited in whole or in part to one Coloured or more specified colours, and in such case the fact that it is so limited shall be taken into consideration by any tribunal having c. 15, s. 10. 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.
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 reason on registra of its being calculated to deceive or otherwise be disentitled to 5 Edw. 7, protection in a court of justice, or would be contrary to law or c. 15, s. 11. 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.
(2) Subject to the provisions of this Ordinance, the Regis- trar may refuse an application, or may accept it absolutely or subject to conditions, amendments or modifications.
(3) 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
* As amended by Law Rev. Ord., 1939.
Application for registra
tion.
5 Edw. 7, c. 15, s. 12.
*
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