1964_TRADE_MARKS_ORDINANCE — Page 8

1986 Ed.]

Trade Marks

[CAP. 43

7

Registrable Trade MaRKS

8. (1) A trade mark must be registered in respect of par- ticular goods or classes of goods.

(2) Any question arising as to the class within which any goods fall shall be determined by the Registrar, whose decision shall be final.

9. (1) A trade mark (other than a certification trade mark) to be registrable in Part A of the register shall contain or consist of at least one of the following essential particulars-

(a) the name of a company, individual, or firm, represented in

a special or particular manner;

(b) the signature (in other than Chinese characters) of the applicant for registration or of some predecessor in his business;

(c) an invented word or invented words;

(d) 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;

(e) any other distinctive mark, but a name, signature, or word or words, other than such as fall within the descriptions in paragraphs (a), (b), (c) and (d), shall not be registrable under the provisions of this paragraph except upon evidence of its distinctiveness.

(2) For the purposes of this section "distinctive" means adapted, in relation to the goods in respect of which a trade mark is registered or proposed to be registered, to distinguish goods with which the proprietor of the trade mark is or may be connected in the course of trade from goods in the case of which no such connexion subsists, either generally or, where the trade mark is registered or proposed to be registered subject to limitations, in relation to use within the extent of the registration.

(3) In determining whether a trade mark is adapted to dis- tinguish as aforesaid the tribunal may have regard to the extent to which-

(a) the trade mark is inherently adapted to distinguish as

aforesaid; and

(b) by reason of the use of the trade mark or of any other circumstances, the trade mark is in fact adapted to dis- tinguish as aforesaid.

10. (1) A trade mark to be registrable in Part B of the register must be capable, in relation to the goods in respect of which it is registered or proposed to be registered, of distinguishing goods with which the proprietor of the trade mark is or may be connected in the course of trade from goods in the case of which no such connexion

Trade mark must be for particular goods.

1938 c. 22, s. 3,

Trade marks registrable in Part A. 1938 c. 22, s. 9.

Trade marks registrable in Part B.

1938 c. 22, s. 10.