TRADE MARKS ORDINANCE
Title
TRADE MARKS ORDINANCE
Description
Trade Marks
No. 16 of 1873.
An Ordinance to provide for the Registration of Trade Marks.
[9th December, 1873.]
WIIERE AS by 'The Merchandize Marks Ordinance, 1863,' the-
provisions of the Imperial Act entitled ' The Nlerch<tndize Marks
Act, 1862,' have been extended to this Colony; And whereas the parties
entitled to the benefit and protection of the said Ordinance are, in most.
cases, resident. in England, or other places out of the Colony; and by
reason thereof, the proof of trade marks and of the right to the exclusive
use thereof in legal proceedings under the said Ordinance is attended with
great difficulty, delay, and expense; And whereas it is expedient to
provide-
for the registration of trade marks within the Colony, arid to amend the
law of evidence in relation to the matters aforesaid; Be it enacted by the
Governor of Hongkong, with the advice of,the Legislative Council thereof,
asfollows:-
Registcrof 1. From and after the passing of this Ordinance, a public book
shalt
tre marks. be kept in the office of the Colonial Secretary in this Colony
to be called
' The Register of '.Grade Marks.'
Application 2. Any person claimina the right to the exclusive use of any
trade
f°i lei°e to
register trade mark, either solely or jointly with others, may apply to
the Governor for-
mark' leave to register the same in the 11 Register of Trade Mark.'
,ORDINANCE No. 16 of 1873.
Trade Marks.
3. [Every such application must be transmitted through Her Majesty's
Principal Secretary of State for the Colonies, and: struck out by
Ordinance No. 13 of
1885 and new words substituted which were agaiu repeated by Ordinance No.
8 of 1886
and new words substituted] milst be accompanied by a fcrc simile or
specimen of
the ' Trade (lark' sought to be registered, verified by affidavit; and
every
such affidavit shall set forth the description and nature of the goods
upon
which such trade mark has hitherto been, or is intended to be used, and
that the deponent is to the best of hip belief entitled solely or jointly
with
other persons therein named to the exclusive use of such trade mark..
4. Upon compliance with tile formalities hereinbefare prescribed, it
c;ov4rnormar
order regis-
shall be lawful for the Governor, if he shall in his discretion think
fit, to tration,
grant the a,p;llication and to order the registration of the said trade
mark
in the Colonial secretary's office, and the filing therein of all
affidavits
transmitted therewith in manner aforesaid.
5. Notice of the registration of a trade mark under this Ordinance Notice
°t
registration
shall be published in the Gazette, and the register of trade marks shall
be ia.Ga2etco.
open to public inspection, at all reasonable times, on payment of such fee
as may be fixed in planner hereinafter mentioned.
6. It shall be lawful for the Governor in Council, from time to time,
i>owor to
male rules
to make and .vary rules or orders for the better carrying out of the and
to fix
provisions of this Ordinance, and to fix and vary a scale of fees payable
scale °f to°s.
for the registration of trade marks, the inspection of the register, the
filing
of, affidavits, the issue of office copies and other incidental matters.
7: prom and after the registration of a trade mark, all.entriew intbe
.register of trade marks and all affidavits filed in the office of tl.;e
Colonial
Secretary under this Ordinance, or an office copy of any such affidavit,
or
of any such entry in the register certified under the hand of the Colonial
Secretary shall be admitted in all legal proceedings whatever, civil or
criminal, as l~r%r~r~ ,facie evidence of the truth and correctness of the
contents thereof r^spectively, algid of the right therein appearing of the
deponent solely or jointly with others, as the case m-ay be, to the
exclusive
use of the trade mark therein referred to.
$, It shall be lawful for the Governor in Council, at any time and Power
t°
` cancel regis-
on .'such grounds as he shall think sufficient, to cancel the
registration trati°n.
of any trade mark under this Ordinance.
~* Repealed]
9. This Ordinance and ''fhe llerehaudize Marks Ordinance, 1 g63,1'
Ordinances t°
shall be read together acid construed for all purposes ns one Ordinance.
' ~,g const
Application
to be
transmitted
through the
Colonial
Office.
[18 R. 19 Vic.,
°. 42.-011.
No. 7 of 1857.1
Entries in
register and
a8'ldavitsto be
pmirn.it faoie
evidence.
Trade Marks.
No. 16 of 1873.
Scale.of fees fried by the Governor in Council the 2nd October, 1890, in
lieu
of the -scale of 28th August, 1885, and in force from Ist November,
18901 (Gazette 11th October, 1890.)
For registering a series of trade marks for every additional
representation after
the first, , , .................. , 0.50
On an application to register a subsequent proprietor in case of
assignment or
transmission-the first mark,
................................ ........................ 10:00
For every additional mark assigned or transmitted at the same time, 0,50
For certificate of registration to be used in legal proceedings, 3.00
For inspecting register,
.. .............................. .......................... 0.50
For certifying office copy, M.S., or printed, per folio o£ 72 words, 0.50
NOTE.-For scale qf fees of the 11th July, 1874, see Gazette of the same
date.
For scale of fees of the 28th august, 1885, Gazette ?.91h of same month.
1300
Title.
Preamble.
[Ord. No. 8 of 1863.]
[25 & 26 Vic., c. 88.]
Register of trade marks.
Application for leave to register trade mark.
1301
Application to be transmitted through the Colonial Office.
[18 & 19 Vict., c. 42.--Ord. No. 7 of 1857.]
Governor may order registration.
Notice of registration in Gazette.
Power to make rules and to fix scale of fees.
Entires in register and affidavits to be prima facie evidence.
Power to cancel registration.
[* Repealed]
Ordinances to be construed together.
1302
No. 16 of 1873.
An Ordinance to provide for the Registration of Trade Marks.
[9th December, 1873.]
WIIERE AS by 'The Merchandize Marks Ordinance, 1863,' the-
provisions of the Imperial Act entitled ' The Nlerch<tndize Marks
Act, 1862,' have been extended to this Colony; And whereas the parties
entitled to the benefit and protection of the said Ordinance are, in most.
cases, resident. in England, or other places out of the Colony; and by
reason thereof, the proof of trade marks and of the right to the exclusive
use thereof in legal proceedings under the said Ordinance is attended with
great difficulty, delay, and expense; And whereas it is expedient to
provide-
for the registration of trade marks within the Colony, arid to amend the
law of evidence in relation to the matters aforesaid; Be it enacted by the
Governor of Hongkong, with the advice of,the Legislative Council thereof,
asfollows:-
Registcrof 1. From and after the passing of this Ordinance, a public book
shalt
tre marks. be kept in the office of the Colonial Secretary in this Colony
to be called
' The Register of '.Grade Marks.'
Application 2. Any person claimina the right to the exclusive use of any
trade
f°i lei°e to
register trade mark, either solely or jointly with others, may apply to
the Governor for-
mark' leave to register the same in the 11 Register of Trade Mark.'
,ORDINANCE No. 16 of 1873.
Trade Marks.
3. [Every such application must be transmitted through Her Majesty's
Principal Secretary of State for the Colonies, and: struck out by
Ordinance No. 13 of
1885 and new words substituted which were agaiu repeated by Ordinance No.
8 of 1886
and new words substituted] milst be accompanied by a fcrc simile or
specimen of
the ' Trade (lark' sought to be registered, verified by affidavit; and
every
such affidavit shall set forth the description and nature of the goods
upon
which such trade mark has hitherto been, or is intended to be used, and
that the deponent is to the best of hip belief entitled solely or jointly
with
other persons therein named to the exclusive use of such trade mark..
4. Upon compliance with tile formalities hereinbefare prescribed, it
c;ov4rnormar
order regis-
shall be lawful for the Governor, if he shall in his discretion think
fit, to tration,
grant the a,p;llication and to order the registration of the said trade
mark
in the Colonial secretary's office, and the filing therein of all
affidavits
transmitted therewith in manner aforesaid.
5. Notice of the registration of a trade mark under this Ordinance Notice
°t
registration
shall be published in the Gazette, and the register of trade marks shall
be ia.Ga2etco.
open to public inspection, at all reasonable times, on payment of such fee
as may be fixed in planner hereinafter mentioned.
6. It shall be lawful for the Governor in Council, from time to time,
i>owor to
male rules
to make and .vary rules or orders for the better carrying out of the and
to fix
provisions of this Ordinance, and to fix and vary a scale of fees payable
scale °f to°s.
for the registration of trade marks, the inspection of the register, the
filing
of, affidavits, the issue of office copies and other incidental matters.
7: prom and after the registration of a trade mark, all.entriew intbe
.register of trade marks and all affidavits filed in the office of tl.;e
Colonial
Secretary under this Ordinance, or an office copy of any such affidavit,
or
of any such entry in the register certified under the hand of the Colonial
Secretary shall be admitted in all legal proceedings whatever, civil or
criminal, as l~r%r~r~ ,facie evidence of the truth and correctness of the
contents thereof r^spectively, algid of the right therein appearing of the
deponent solely or jointly with others, as the case m-ay be, to the
exclusive
use of the trade mark therein referred to.
$, It shall be lawful for the Governor in Council, at any time and Power
t°
` cancel regis-
on .'such grounds as he shall think sufficient, to cancel the
registration trati°n.
of any trade mark under this Ordinance.
~* Repealed]
9. This Ordinance and ''fhe llerehaudize Marks Ordinance, 1 g63,1'
Ordinances t°
shall be read together acid construed for all purposes ns one Ordinance.
' ~,g const
Application
to be
transmitted
through the
Colonial
Office.
[18 R. 19 Vic.,
°. 42.-011.
No. 7 of 1857.1
Entries in
register and
a8'ldavitsto be
pmirn.it faoie
evidence.
Trade Marks.
No. 16 of 1873.
Scale.of fees fried by the Governor in Council the 2nd October, 1890, in
lieu
of the -scale of 28th August, 1885, and in force from Ist November,
18901 (Gazette 11th October, 1890.)
For registering a series of trade marks for every additional
representation after
the first, , , .................. , 0.50
On an application to register a subsequent proprietor in case of
assignment or
transmission-the first mark,
................................ ........................ 10:00
For every additional mark assigned or transmitted at the same time, 0,50
For certificate of registration to be used in legal proceedings, 3.00
For inspecting register,
.. .............................. .......................... 0.50
For certifying office copy, M.S., or printed, per folio o£ 72 words, 0.50
NOTE.-For scale qf fees of the 11th July, 1874, see Gazette of the same
date.
For scale of fees of the 28th august, 1885, Gazette ?.91h of same month.
1300
Title.
Preamble.
[Ord. No. 8 of 1863.]
[25 & 26 Vic., c. 88.]
Register of trade marks.
Application for leave to register trade mark.
1301
Application to be transmitted through the Colonial Office.
[18 & 19 Vict., c. 42.--Ord. No. 7 of 1857.]
Governor may order registration.
Notice of registration in Gazette.
Power to make rules and to fix scale of fees.
Entires in register and affidavits to be prima facie evidence.
Power to cancel registration.
[* Repealed]
Ordinances to be construed together.
1302
Abstract
1300
Title.
Preamble.
[Ord. No. 8 of 1863.]
[25 & 26 Vic., c. 88.]
Register of trade marks.
Application for leave to register trade mark.
1301
Application to be transmitted through the Colonial Office.
[18 & 19 Vict., c. 42.--Ord. No. 7 of 1857.]
Governor may order registration.
Notice of registration in Gazette.
Power to make rules and to fix scale of fees.
Entires in register and affidavits to be prima facie evidence.
Power to cancel registration.
[* Repealed]
Ordinances to be construed together.
1302
Title.
Preamble.
[Ord. No. 8 of 1863.]
[25 & 26 Vic., c. 88.]
Register of trade marks.
Application for leave to register trade mark.
1301
Application to be transmitted through the Colonial Office.
[18 & 19 Vict., c. 42.--Ord. No. 7 of 1857.]
Governor may order registration.
Notice of registration in Gazette.
Power to make rules and to fix scale of fees.
Entires in register and affidavits to be prima facie evidence.
Power to cancel registration.
[* Repealed]
Ordinances to be construed together.
1302
Identifier
https://oelawhk.lib.hku.hk/items/show/327
Edition
1890
Volume
v2
Cap / Ordinance No.
No. 16 of 1873
Number of Pages
3
Files
Collection
Historical Laws of Hong Kong Online
Citation
“TRADE MARKS ORDINANCE,” Historical Laws of Hong Kong Online, accessed January 16, 2025, https://oelawhk.lib.hku.hk/items/show/327.
