40
CAP. 43]
Evidence of entries in
Hong Kong or United Kingdom Register.
1938 c. 22, s. 57.
Evidence of entries made or of things done by Registrar, or Comptroller-General of U.K. Patent Office.
1938 c. 22, s. 58.
Falsification of entries in register.
1938 c. 22, s. 59.
Falsely representing a trade mark as registered, etc. 1938 c. 22, s. 60.
Trade Marks
[1986 Ed.
(2) In case any part of the evidence is taken viva voce, the Registrar shall, in respect of requiring the attendance of witnesses and taking evidence on oath, be in the same position in all respects as a special referee appointed by the Court.
84. A printed or written copy of any entry in the register, purporting to be certified by the Registrar and sealed with his seal, or of any entry in the United Kingdom Register, purporting to be certified by the Comptroller-General of the United Kingdom Patent Office and sealed with the seal of the Patent Office, shall be admitted in evidence in all Courts, and in all proceedings, without further proof or production of the original.
85. A certificate purporting to be under the hand of the Registrar, or of the Comptroller-General of the United Kingdom Patent Office, as to any entry, matter or thing which he is authorized to make or do, shall be prima facie evidence of the entry having been made, and of the contents thereof, and of the matter or thing having been done or not done.
OFFENCES, AND RESTRAINT OF USE OF ROYAL ARMS
86. If any person makes or causes to be made a false entry in the register, or a writing falsely purporting to be a copy of an entry in the register, or produces or tenders or causes to be produced or tendered in evidence any such writing, knowing the entry or writing to be false, he shall be guilty of a misdemeanor.
87. (1) Any person who makes a representation-
(a) with respect to a mark not being a registered trade mark, to the effect that it is a registered trade mark; or
(b) with respect to a part of a registered trade mark not being a part separately registered as a trade mark, to the effect that it is so registered; or
(c) to the effect that a registered trade mark is registered in respect of any goods in respect of which it is not registered; or
(d) to the effect that the registration of a trade mark gives an exclusive right to the use thereof in any circumstances in which, having regard to limitations entered on the register, the registration does not give that right,
shall be liable to a fine of $500.
(2) For the purposes of this section, the use in the Colony in relation to a trade mark of the word "registered", or of any word referring whether expressly or impliedly to registration, shall be deemed to import a reference to registration in the register, except-
(a) where that word is used in physical association with other words delineated in characters at least as large as those in
40
CAP. 43]
Evidence of entries in
Hong Kong or United Kingdom Register.
1938 c. 22, s. 57.
Evidence of entries made or of things done by Registrar, or Comptroller- General of U.K. Patent Office.
1938 c. 22, s. 58.
Falsification of entries in register.
1938 c. 22, s. 59.
Falsely representing a trade mark as registered, etc. 1938 c. 22, s. 60.
Trade Marks
[1986 Ed.
(2) In case any part of the evidence is taken viva voce, the Registrar shall, in respect of requiring the attendance of witnesses and taking evidence on oath, be in the same position in all respects as a special referee appointed by the Court.
84. A printed or written copy of any entry in the register, purporting to be certified by the Registrar and sealed with his seal, or of any entry in the United Kingdom Register, purporting to be certified by the Comptroller-General of the United Kingdom Patent Office and sealed with the seal of the Patent Office, shall be admitted in evidence in all Courts, and in all proceedings, without further proof or production of the original.
85. A certificate purporting to be under the hand of the Registrar, or of the Comptroller-General of the United Kingdom Patent Office, as to any entry, matter or thing which he is authorized to make or do, shall be prima facie evidence of the entry having been made, and of the contents thereof, and of the matter or thing having been done or not done.
OFFENCES, AND RESTRAINT OF USE OF ROYAL ARMS
86. If any person makes or causes to be made a false entry in the register, or a writing falsely purporting to be a copy of an entry in the register, or produces or tenders or causes to be produced or tendered in evidence any such writing, knowing the entry or writing to be false, he shall be guilty of a misdemeanor.
87. (1) Any person who makes a representation-
(a) with respect to a mark not being a registered trade mark, to
the effect that it is a registered trade mark; or
(b) with respect to a part of a registered trade mark not being a part separately registered as a trade mark, to the effect that it is so registered; or
(c) to the effect that a registered trade mark is registered in respect of any goods in respect of which it is not registered;
or
(d) to the effect that the registration of a trade mark gives an exclusive right to the use thereof in any circumstances in which, having regard to limitations entered on the register, the registration does not give that right,
shall be liable to a fine of $500.
(2) For the purposes of this section, the use in the Colony in relation to a trade mark of the word "registered", or of any word referring whether expressly or impliedly to registration, shall be deemed to import a reference to registration in the register, except-
(a) where that word is used in physical association with other words delineated in characters at least as large as those in
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