CAP. 43]
Trade Marks
[1986 Ed.
Coloured trade marks.
1938 c. 22, s. 16.
Restriction on registration.
1938 c. 22, s. 11.
1938 c. 22, s. 15(3).
Application for registration.
1938 c. 22, s. 17.
subsists, either generally or, where the trade mark is registered or proposed to be registered subject to limitations, in relation to the use within the extent of the registration.
(2) In determining whether a trade mark is capable of distinguishing as aforesaid the tribunal may have regard to the extent to which-
(a) a trade mark is inherently capable of distinguishing as aforesaid; and
(b) by reason of the use of the trade mark or of any other circumstances, the trade mark is in fact capable of distinguishing as aforesaid.
(3) A trade mark may be registered in Part B notwithstanding any registration in Part A in the name of the same proprietor of the same trade mark or any part or parts thereof.
(Replaced, 3 of 1985, s. 2)
11. (1) A trade mark may be limited in whole or in part to one or more specified colours, and in any 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 the trade mark.
(2) If and so far as a trade mark is registered without limitation of colour, it shall be deemed to be registered for all colours.
12. (1) It shall not be lawful to register as a trade mark or part of a trade mark any matter the use of which would be likely to deceive or would be disentitled to protection in a court of justice or would be contrary to law or morality, or any scandalous design.
(2) No word which is the commonly used and accepted name of any single chemical element or single chemical compound, as distinguished from a mixture, shall be registered as a trade mark in respect of a chemical substance or preparation, and any such registration in force at the commencement of this Ordinance or thereafter shall, notwithstanding anything in section 30, be deemed for the purposes of section 48 to be an entry made in the register without sufficient cause, or an entry wrongly remaining on the register, as the circumstances may require:
Provided that the foregoing provisions of this subsection shall not have effect in relation to a word which is used to denote only a brand or make of the element or compound as made by the proprietor or a registered user of the trade mark, as distinguished from the element or compound as made by others, and in association with a suitable name or description open to the public use.
REGISTRATION OF TRADE MARKS
13. (1) Any person claiming to be entitled to be registered as the proprietor of a trade mark used or proposed to be used by him who is desirous of registering it must apply in writing to the Registrar in the prescribed manner for registration either in Part A or Part B of the register.
8
CAP. 43]
Trade Marks
[1986 Ed.
Coloured trade marks.
1938 c. 22, s. 16.
Restriction on registration.
1938 c. 22, s. 11.
1938 c. 22, s. 15(3).
Application for registration.
1938 c. 22, s. 17.
subsists, either generally or, where the trade mark is registered or proposed to be registered subject to limitations, in relation to the use within the extent of the registration.
(2) In determining whether a trade mark is capable of dis- tinguishing as aforesaid the tribunal may have regard to the extent to which-
(a) a trade mark is inherently capable of distinguishing as
aforesaid; and
(b) by reason of the use of the trade mark or of any other circumstances, the trade mark is in fact capable of distin- guishing as aforesaid.
(3) A trade mark may be registered in Part B notwithstanding any registration in Part A in the name of the same proprietor of the same trade mark or any part or parts thereof.
(Replaced, 3 of 1985, s. 2)
11. (1) A trade mark may be limited in whole or in part to one or more specified colours, and in any 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 the trade mark.
(2) If and so far as a trade mark is registered without limita- tion of colour, it shall be deemed to be registered for all colours.
12. (1) It shall not be lawful to register as a trade mark or part of a trade mark any matter the use of which would be likely to deceive or would be disentitled to protection in a court of justice or would be contrary to law or morality, or any scandalous design.
(2) No word which is the commonly used and accepted name of any single chemical element or single chemical compound, as distinguished from a mixture, shall be registered as a trade mark in respect of a chemical substance or preparation, and any such registration in force at the commencement of this Ordinance or thereafter shall, notwithstanding anything in section 30, be deemed for the purposes of section 48 to be an entry made in the register without sufficient cause, or an entry wrongly remaining on the register, as the circumstances may require:
Provided that the foregoing provisions of this subsection shall not have effect in relation to a word which is used to denote only a brand or make of the element or compound as made by the pro- prietor or a registered user of the trade mark, as distinguished from the element or compound as made by others, and in association with a suitable name or description open to the public use.
REGISTRATION OF TRADE MARKS
13. (1) Any person claiming to be entitled to be registered as the proprietor of a trade mark used or proposed to be used by him who is desirous of registering it must apply in writing to the Registrar in the prescribed manner for registration either in Part A or Part B of the register.
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