1964_TRADE_MARKS_ORDINANCE — Page 42

HK Historical Laws 香港歷史法例 All AI Reviewed

1986 Ed.]

Trade Marks

[CAP. 43

41

which that word is delineated and indicating that the reference is to registration as a trade mark under the law of a country outside the Colony, being a country under the law of which the registration referred to is in fact in force; (b) where that word (being a word other than the word "registered") is of itself such as to indicate that the reference is to such registration as last aforesaid; or (c) where that word is used in relation to a mark registered as a trade mark under the law of a country outside the Colony and in relation to goods to be exported to that country.

88. If any person, without the authority of Her Majesty, uses, in connexion with any trade, business, calling or profession, the Royal Arms (or arms so closely resembling the same as to be calculated to deceive) in such manner as to be calculated to lead to the belief that he is duly authorized so to use the Royal Arms, or if any person, without the authority of Her Majesty or of a member of the Royal Family, uses, in connexion with any trade, business, calling or profession, any device, emblem or title in such manner as to be calculated to lead to the belief that he is employed by, or supplies goods to, Her Majesty or such member of the Royal Family, he may, at the suit of any person who is authorized to use such arms or such device, emblem or title, or who is authorized by the Governor to take proceedings in that behalf, be restrained by injunction from continuing so to use the same:

Provided that nothing in this section shall be construed as affecting the right, if any, of the proprietor of a trade mark containing any such arms, device, emblem or title to continue to use such trade mark.

Restraint of use
of Royal Arms. 1938 c. 22, s. 61.

AGENTS

89. Where by this Ordinance any act has to be done by or to any person in connexion with a trade mark or proposed trade mark or any procedure relating thereto, the act may, under and in accordance with the rules, or in particular cases by special leave of the Registrar, be done by or to an agent of that person duly authorized in the prescribed manner.

RULES

90. The Governor in Council may by rules prescribe or provide for-

(a) regulating the practice under this Ordinance, including the
service of documents;

(b) classifying goods for the purposes of registration of trade
marks;

Recognition of agents.
1938 c. 22, s. 65.

Power of Governor in Council to make rules. 1938 c. 22, s. 40.

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1986 Ed.] Trade Marks [CAP. 43 41 which that word is delineated and indicating that the reference is to registration as a trade mark under the law of a country outside the Colony, being a country under the law of which the registration referred to is in fact in force; (b) where that word (being a word other than the word "registered") is of itself such as to indicate that the reference is to such registration as last aforesaid; or (c) where that word is used in relation to a mark registered as a trade mark under the law of a country outside the Colony and in relation to goods to be exported to that country. 88. If any person, without the authority of Her Majesty, uses, in connexion with any trade, business, calling or profession, the Royal Arms (or arms so closely resembling the same as to be calculated to deceive) in such manner as to be calculated to lead to the belief that he is duly authorized so to use the Royal Arms, or if any person, without the authority of Her Majesty or of a member of the Royal Family, uses, in connexion with any trade, business, calling or profession, any device, emblem or title in such manner as to be calculated to lead to the belief that he is employed by, or supplies goods to, Her Majesty or such member of the Royal Family, he may, at the suit of any person who is authorized to use such arms or such device, emblem or title, or who is authorized by the Governor to take proceedings in that behalf, be restrained by injunction from continuing so to use the same: Provided that nothing in this section shall be construed as affecting the right, if any, of the proprietor of a trade mark containing any such arms, device, emblem or title to continue to use such trade mark. Restraint of use of Royal Arms. 1938 c. 22, s. 61. AGENTS 89. Where by this Ordinance any act has to be done by or to any person in connexion with a trade mark or proposed trade mark or any procedure relating thereto, the act may, under and in accordance with the rules, or in particular cases by special leave of the Registrar, be done by or to an agent of that person duly authorized in the prescribed manner. RULES 90. The Governor in Council may by rules prescribe or provide for- (a) regulating the practice under this Ordinance, including the service of documents; (b) classifying goods for the purposes of registration of trade marks; Recognition of agents. 1938 c. 22, s. 65. Power of Governor in Council to make rules. 1938 c. 22, s. 40.
Baseline (Original)
1986 Ed.] Trade Marks [CAP. 43 41 which that word is delineated and indicating that the reference is to registration as a trade mark under the law of a country outside the Colony, being a country under the law of which the registration referred to is in fact in force; (b) where that word (being a word other than the word "registered") is of itself such as to indicate that the reference is to such registration as last aforesaid; or (c) where that word is used in relation to a mark registered as a trade mark under the law of a country outside the Colony and in relation to goods to be exported to that country. 88. If any person, without the authority of Her Majesty, uses, in connexion with any trade, business, calling or profession, the Royal Arms (or arms so closely resembling the same as to be calculated to deceive) in such manner as to be calculated to lead to the belief that he is duly authorized so to use the Royal Arms, or if any person, without the authority of Her Majesty or of a member of the Royal Family, uses, in connexion with any trade, business, calling or profession, any device, emblem or title in such manner as to be calculated to lead to the belief that he is employed by, or supplies goods to, Her Majesty or such member of the Royal Family, he may, at the suit of any person who is authorized to use such arms or such device, emblem or title, or who is authorized by the Governor to take proceedings in that behalf, be restrained by injunction from continuing so to use the same: Provided that nothing in this section shall be construed as affecting the right, if any, of the proprietor of a trade mark containing any such arms, device, emblem or title to continue to use such trade mark. Restraint of use of Royal Arms. 1938 c. 22, s. 61. AGENTS 89. Where by this Ordinance any act has to be done by or to any person in connexion with a trade mark or proposed trade mark or any procedure relating thereto, the act may, under and in accordance with the rules, or in particular cases by special leave of the Registrar, be done by or to an agent of that person duly authorized in the prescribed manner. RULES 90. The Governor in Council may by rules prescribe or pro- vide for- (a) regulating the practice under this Ordinance, including the service of documents; (b) classifying goods for the purposes of registration of trade marks; Recognition of agents. 1938 c. 22, s. 65. Power of Governor in Council to make rules. 1938 c. 22, s. 40.
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1986 Ed.]

Trade Marks

[CAP. 43

41

which that word is delineated and indicating that the reference is to registration as a trade mark under the law of a country outside the Colony, being a country under the law of which the registration referred to is in fact in force; (b) where that word (being a word other than the word "registered") is of itself such as to indicate that the reference is to such registration as last aforesaid; or (c) where that word is used in relation to a mark registered as a trade mark under the law of a country outside the Colony and in relation to goods to be exported to that country.

88. If any person, without the authority of Her Majesty, uses, in connexion with any trade, business, calling or profession, the Royal Arms (or arms so closely resembling the same as to be calculated to deceive) in such manner as to be calculated to lead to the belief that he is duly authorized so to use the Royal Arms, or if any person, without the authority of Her Majesty or of a member of the Royal Family, uses, in connexion with any trade, business, calling or profession, any device, emblem or title in such manner as to be calculated to lead to the belief that he is employed by, or supplies goods to, Her Majesty or such member of the Royal Family, he may, at the suit of any person who is authorized to use such arms or such device, emblem or title, or who is authorized by the Governor to take proceedings in that behalf, be restrained by injunction from continuing so to use the same:

Provided that nothing in this section shall be construed as affecting the right, if any, of the proprietor of a trade mark containing any such arms, device, emblem or title to continue to use such trade mark.

Restraint of use

of Royal Arms. 1938 c. 22, s. 61.

AGENTS

89. Where by this Ordinance any act has to be done by or to any person in connexion with a trade mark or proposed trade mark or any procedure relating thereto, the act may, under and in accordance with the rules, or in particular cases by special leave of the Registrar, be done by or to an agent of that person duly authorized in the prescribed manner.

RULES

90. The Governor in Council may by rules prescribe or pro- vide for-

(a) regulating the practice under this Ordinance, including the

service of documents;

(b) classifying goods for the purposes of registration of trade

marks;

Recognition of agents.

1938 c. 22, s. 65.

Power of Governor in Council to make rules. 1938 c. 22, s. 40.

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