TRADE MARKS ORDINANCE, 1898
Title
TRADE MARKS ORDINANCE, 1898
Description
ORDINANCE NO. 6 OF 1898.
Trade Marks
AN ORDINANCE TO amend the law relating to the regis-
tration fo trade marks
[22nd august , 1898.]
whereas the persons entitled to the benefit and protection of the
law in force in this colony relating to fraudulent marks as
applied to merchandise are , in many cases , resident in places situated at
a distance from this colony, and , by reason thereof , the proof of trade
marks, and of the right to the exlusive use thereof in legal proceedigns
under such law, is attended wihthg difficulty , delay , and expense; and
whereas it is expedient to amend the law providing for the registration
of trade marks in this colony:
be it therefore enacted by the governor of hongkong ,with the advice
and consent of the legislative council thereof , as follows:-
1. this ordinance may be cited as the trade marks ordinance , 1898.
2-(1) there shall be kept a book in this colony , to be
called the register of trade marks, wherein shall be entered the names
and addresses of proprietors of trade marks registered in this colony,
notifications of assignments and of transmissions of trade marks, and
such other matters as the governor may from time to time prescribe .
(2) the register shall be kept as hereto fore in office of the
colonial secretary , unless and until the governor , by notification in
the gazette , appoints any other place ofr the keeping thereof .
(3) the register of trade marks kept under any enactment in force
before the commencement of this ordinance shall be deemed part of the
register kept under this ordinance .
3-(1) for the purposes of this ordinance,trade mark must con-
sist of or contain at least one of the following essential particular:-
(a) a name of an individual or firm printed , impressed , or woven in
some particular and distinctive manner ; or
(b) a written signature or copy of a written sigature of the indi-
vidual or firm applying for registration thereof as a trade mark; or
(c) a distinctive device , mark, brand , heading , label , or ticket ; or
(d) an inveted word or invented words;or
(e) a word or words having no reference to the character or quality
of the goods, and not being a geographical name .
(2) there may be added to any one or more of the essential particu-
lars mentioned in this section any letters , words or figures, or combina-
tion of letters, words , orfigures, or of any of them , but the application
the essential particulars of the trade mark, and must disclaim in his
application any right to the exclusive use of the added matter , and a
copy of the statement and disclaimer shall be entered on the register.
(3)provided as follows:-
(a) a perosn need not under this section disclaim his own name, or
the foreign equivalent thereof , or his place of business, but no
entry of any such name shall affect the right of any owner of the
same name to use that name or the foreign equivalent thereof,
and
(b) any special and distinctive word or words , letter, figure, or com-
bination of letters or figures or of letters nad figures, used as a
trade mark before the 13th day of August , 1875, may be regis-
tered as a trade mark under this ordinance, if it is already regis-
tered in england.
4.Any person claiming the right to the ecclusive use of any trade
mark, either solely or jointly with others may apply to the Governor
for leave to register the same in the Register of Trade Marks.
5.Every such application shall be made to the Governor in the Form
No.1 in the Schedule to this Ordinance and shall be accompanied by
a facsismile or specimen of the trade mark sought to be registered and
an additional specimen on a seperate paper and also by a statutory
declaration in the Form No.2 in the said Schedule or an affidavit to the
unless notice by advertisement of such application shall not be granted
been inseted by the applicant at least once a month in the Gasette and
in one month or more of the daily newspaper of the Colony for a period of a
least three months before the granting thereof. Such advertisement
shall be in the Form No.3 in the said Schedule.
6.On compliance with the formalitties prescribed by this Ordinance
and by any rules thereunder for the time being in force including pay-
ment of the prescribed fees it shall be lawful for the Governor if he in
his discretion think fit, to grant the application and to order the regis-
tration of the said trade mark in the register of trade marks and the
filing in connexion therewith os all affidavits, statutory declaraitions
and such other documents as may be directed to be filed:
provided that the governor , unless satisfied that two or more parties
are entitled to be registered as proprietors of the same trade mark,shall
not register, in respect of the same goods or description of goods , a trade
mark identical with one already on the register, with respect to such goods
or description of goods as to be calculated in his opinion to deceive.
7. notice of the registration of a trade mark under this ordinance
shall be published by the colonial scretary in the gazette, and the
register of trade marks shall be open to public inspection , at all
reasonable times,on paymment of such fee as may be fixed manner
hereinafter mentioned.
8. it shall be lawful for goveronr-in-counil from time to time to
make rules for regulating the practice wiht regard to registration under
this ordinance and matters incidental thereto , and for the classification
of goods wiht regard to trade marks, and generally for the carrying out
of the provisons of this ordinance ,and to fix and vary a scale of fees
payable in respect of applications and registration and opposition thereto,
and of other matters incidental thereto or provided for by this ordinance
or any rules thereunder.
9. from and after the registration of a trade mark , all entries in the
register of trade marks and all documents filed under this ordinance.
or an office copy of any such document or of any entry in the register
certified under the hand of the colonial secretary , shalll be admitted in
all legal proceedings whatever , civil or criminal , as prima facie evidence
of the truth and correctness of the contents thereof respectively , and of
the right therein appearing of the declarant , deponent, applicant, or
propietor , solely or jointly with others , as the case may be , to the
exclusive use of the trade mark therein referred to.
10. a trade mark , when registered, shall be assigned and transmitted
only in connexion with the good-will of the business concerned in the
particular goods or classes of goods for which it has been registered, and
shall be determinable with that good-will.
11-(1) when a person claiming to be the proprietor of sveral trade
marks which , while resembling each other in the material particulars
thereof , yet differ in respect of -
(a) the statement of the goods for which they are respectively
(b) the statement of number ; or
(c) the statement of price; or
(d) the statement of quality ; or
(e) the statement of names of places ,
seeks to register such marks , they may be registered as a series in
one registration.
(2) a series of trade marks shall be assignable and transmissble only
as a whole , but for all other purposes each of the trad marks composing
a series shall be deemed and treated as registered separately .
12. any trade mark may hereafter be removed by the colonial sec-
retary from the register of trade marks after the expriation of each
period of fourteen years from the date of its first registraion , subject to
the following provisions:-
(1) where ht etrade mark has been registered before the commence-
ment of this ordinance , it shall not be removed from the register
on account of the lapse of fourteen years or more from registration,
unless notice , by registereed letter , has been sent to the registered
proprietor that fourteen years or more have expired since the regis-
tration of the trade mark , and that he is required to pay the
prescribed fee within six months from the date such notice ,
failing which the trade mark will be removed from the register.
if such fee is not paid in accordance with such notice, the trade
mark may be so removed;
(2) where the trade mark is registered after the commencement of
this ordinance, it shall not be removed from the register on account of the lapse of fourteen years from registration , unless notice ,be
registered letter , has been sent to the registered proprietor that
fourteen years have expired since the registration of the trade mark
and that he is required to pay the prescribed fee within four
months from the date of such notice, the trade mark may be so removed
will be removed from the register. if such fee is not paid to
accordance with such notice , the trade mark may be so removed ;
(3) where the prescribed fee has not been paid in the time specified
in the notice , and the trade mark has accordingly been removed
from the register, the governor may , if satisfied that it is just to
do so , restore the said trade mark to the register on payment of
double the amount of the said prescribed fee;and
(4) where a trade mark has been removed from the register for non-
payment of the fee or otherwis , such trade mark shall nevertheless,
for the purpose of any applicaion for registration during one year
next after the date of such removal , be deemed to be a trade mark
which is already registered , unless the governor otherwise directs.
13. it shall be lawful for the gover-in-council , at any time and
on such grounds as he may think sufficient, to cancel the registration of
any trade mark under this ordinance.
14. a trade mark must be registered for particular goods or classes
of goods .
15. a trade mark may be registered in any colour or colours ,and
such registration shall (subject to the provisions of this ordinance)
confer on the registered owner the exclusive right to use the same is
that or any other colour or colours .
SCHEDULE.
FORMS.
FORM NO.1.
Application for registration of trade mark.
THE TRADE MARKS ORDINANCE , 1898.
Application for registration of trade mark.
to his excellency the governor of hongkong. your excellency is hereby respectfully asked to permit and direct the
registration in the register of trade marks of the accompany trade
mark in class in respect of (a)
in the name of (b)
who claims to be the proprieto thereof (c)
the essential particulars of the trade mark ar the following (d)
and disclaim any right to the exclusive use of the added matter.
dated the day of 1
(signed) (e)
FORM NO. 2.
Statutory declaration
I, A. B. of do solemnly and sincerely declare as
follows:-
1. to the best my knowledge and belief I (1) have the right to the
exclsive use fo the trade mark hereunto annexed and referred to in my
application dated the day of 1.
2. such trade mark has been use by me [or by my firm of , or
as hte case may be ] in respect of the goosds mentioned in my application since
(2) [or]
2.(a)* such trade mark has not hitherto been used by me [or by my firm
o f , or as hte case may be ] in respect of the goods mentioned
in my application , but it is my [or their ] intention so to use it forthwith .
3.to the best of my knowledge and belief , the said trade mark has (3)
been registered in england [in the name of ] (4)
and i make this solemn declaration consientiously believing the same to
be true and by virtue of the provisions of the statutory declarations
act, 1835.(5)
(signed .)
A,B.
declared at
the day of 1.
before me ,
note -when the declaration is made by a person who does not understand the english
language , the requirements of the statutory declarations ordinance, 1893, must
be complied with , where teh declaration is made in hongkong , and if made she
where a proper clause must be added .
FORM NO. 3.
advertisement .
THE TRADE MARKS ORDINANCE, 1898.
NOTICE IS HEREBY GIVEN THAT (a)
has , on the day of 1 , applied for the registration
in hongkong in the register of trade marks of the following trade
mark (b)
in the name of (c)
who claim to be the sole proprietor thereof , [or as the case may be ]
the trade mark has been used by the applicant, [or, if not yet used,
substitute the words following:-
the trade mark is intended to be used by the applicant forthwith , ] in
respect of the following goods (d) in class (e)
(f) a fasimile of the trade mark can be seen at the office of the colonial
secretary fo hongkong [and also at (g) ]
dated the day fo 1.
signature fo applicant or his agent duly authorized.
[adding ]on behalf of [ applicant, as ht ecase may be ]
A.D. 1898. Ordinance No. 18 of 1898. Short title. Keeping of Register of Trade Marks. 46 & 47 Vict.c. 57 s. 78. Conditions of registration of trade mark. 51 & 52 Vict.c. 50 s. 10. Application for leave to register trade mark. 46 & 47 Vict.c. 57 s. 62. Mode of application. Ib.ss. 62, 68. Schedule: Form No. 1; Form No. 2; Form No. 3. Order for registration and filing of documents. Ib.ss. 62, 72; 51 & 52 Vict.c. 50 s. 14. Notice of registration. Making of rules and fixing of scale of fees. 46 & 47 Vict.c. 57 s. 80. Effect as evidence of entries in Register, etc. 46 & 47 Vict.c. 57 s. 76. Assignment and transmission of trade mark. Ib.s.70. Registration of series of trade marks. Ib.s.66. Removal of trade mark from Register after 14 years, unless fee paid. Ib.s.79. Power to cancel registration. Connexion of trade mark with goods. 46 & 47 Vict.c. 57 s. 65. Trade mark may be registered in any colour. Ib.s.67. Section 5. (a.) Only goods contained in one and the same class should be set out here. A separate application is required for each separate class. (b.) Insertlegibly the full name, address, and description of the individual, firm, or company. Add trading style, if any, and, if there are more partners than one in the firm, state the names of all the partners. (c.) In case of a firm or company, alter to 'claim to be the proprietors thereof.' (d.) See Section 3 of the Ordinance. (e.) To be signed by the applicant or by an agent duly authorized. Section 5. (1.) Insert: I, solely, or I, jointly with A.B. or the company, as the case may be. (2.) Insert time when use commenced. *2 or 2(a.) to be used according to the circumstances. (3.) If not insert the word 'not.' (4.) Add the name, if registered. and for what classes of goods. (5.) This paragraph is not required when the declaration is made neither in the United Kingdom nor in Hongkong.
No. 8 of 1893.
Section 5.
(a.) Insert name, address, and calling of applicant.
(b.) Describe mark or insert facsimile.
(c.) Insert name.
(d.) Insert description of goods.
(e.) Insert number of Class as set out in the Rules.
(f.) This must be add where a facsimile is not in the advertisment
(g.) Add other place, if any.
Trade Marks
AN ORDINANCE TO amend the law relating to the regis-
tration fo trade marks
[22nd august , 1898.]
whereas the persons entitled to the benefit and protection of the
law in force in this colony relating to fraudulent marks as
applied to merchandise are , in many cases , resident in places situated at
a distance from this colony, and , by reason thereof , the proof of trade
marks, and of the right to the exlusive use thereof in legal proceedigns
under such law, is attended wihthg difficulty , delay , and expense; and
whereas it is expedient to amend the law providing for the registration
of trade marks in this colony:
be it therefore enacted by the governor of hongkong ,with the advice
and consent of the legislative council thereof , as follows:-
1. this ordinance may be cited as the trade marks ordinance , 1898.
2-(1) there shall be kept a book in this colony , to be
called the register of trade marks, wherein shall be entered the names
and addresses of proprietors of trade marks registered in this colony,
notifications of assignments and of transmissions of trade marks, and
such other matters as the governor may from time to time prescribe .
(2) the register shall be kept as hereto fore in office of the
colonial secretary , unless and until the governor , by notification in
the gazette , appoints any other place ofr the keeping thereof .
(3) the register of trade marks kept under any enactment in force
before the commencement of this ordinance shall be deemed part of the
register kept under this ordinance .
3-(1) for the purposes of this ordinance,trade mark must con-
sist of or contain at least one of the following essential particular:-
(a) a name of an individual or firm printed , impressed , or woven in
some particular and distinctive manner ; or
(b) a written signature or copy of a written sigature of the indi-
vidual or firm applying for registration thereof as a trade mark; or
(c) a distinctive device , mark, brand , heading , label , or ticket ; or
(d) an inveted word or invented words;or
(e) a word or words having no reference to the character or quality
of the goods, and not being a geographical name .
(2) there may be added to any one or more of the essential particu-
lars mentioned in this section any letters , words or figures, or combina-
tion of letters, words , orfigures, or of any of them , but the application
the essential particulars of the trade mark, and must disclaim in his
application any right to the exclusive use of the added matter , and a
copy of the statement and disclaimer shall be entered on the register.
(3)provided as follows:-
(a) a perosn need not under this section disclaim his own name, or
the foreign equivalent thereof , or his place of business, but no
entry of any such name shall affect the right of any owner of the
same name to use that name or the foreign equivalent thereof,
and
(b) any special and distinctive word or words , letter, figure, or com-
bination of letters or figures or of letters nad figures, used as a
trade mark before the 13th day of August , 1875, may be regis-
tered as a trade mark under this ordinance, if it is already regis-
tered in england.
4.Any person claiming the right to the ecclusive use of any trade
mark, either solely or jointly with others may apply to the Governor
for leave to register the same in the Register of Trade Marks.
5.Every such application shall be made to the Governor in the Form
No.1 in the Schedule to this Ordinance and shall be accompanied by
a facsismile or specimen of the trade mark sought to be registered and
an additional specimen on a seperate paper and also by a statutory
declaration in the Form No.2 in the said Schedule or an affidavit to the
unless notice by advertisement of such application shall not be granted
been inseted by the applicant at least once a month in the Gasette and
in one month or more of the daily newspaper of the Colony for a period of a
least three months before the granting thereof. Such advertisement
shall be in the Form No.3 in the said Schedule.
6.On compliance with the formalitties prescribed by this Ordinance
and by any rules thereunder for the time being in force including pay-
ment of the prescribed fees it shall be lawful for the Governor if he in
his discretion think fit, to grant the application and to order the regis-
tration of the said trade mark in the register of trade marks and the
filing in connexion therewith os all affidavits, statutory declaraitions
and such other documents as may be directed to be filed:
provided that the governor , unless satisfied that two or more parties
are entitled to be registered as proprietors of the same trade mark,shall
not register, in respect of the same goods or description of goods , a trade
mark identical with one already on the register, with respect to such goods
or description of goods as to be calculated in his opinion to deceive.
7. notice of the registration of a trade mark under this ordinance
shall be published by the colonial scretary in the gazette, and the
register of trade marks shall be open to public inspection , at all
reasonable times,on paymment of such fee as may be fixed manner
hereinafter mentioned.
8. it shall be lawful for goveronr-in-counil from time to time to
make rules for regulating the practice wiht regard to registration under
this ordinance and matters incidental thereto , and for the classification
of goods wiht regard to trade marks, and generally for the carrying out
of the provisons of this ordinance ,and to fix and vary a scale of fees
payable in respect of applications and registration and opposition thereto,
and of other matters incidental thereto or provided for by this ordinance
or any rules thereunder.
9. from and after the registration of a trade mark , all entries in the
register of trade marks and all documents filed under this ordinance.
or an office copy of any such document or of any entry in the register
certified under the hand of the colonial secretary , shalll be admitted in
all legal proceedings whatever , civil or criminal , as prima facie evidence
of the truth and correctness of the contents thereof respectively , and of
the right therein appearing of the declarant , deponent, applicant, or
propietor , solely or jointly with others , as the case may be , to the
exclusive use of the trade mark therein referred to.
10. a trade mark , when registered, shall be assigned and transmitted
only in connexion with the good-will of the business concerned in the
particular goods or classes of goods for which it has been registered, and
shall be determinable with that good-will.
11-(1) when a person claiming to be the proprietor of sveral trade
marks which , while resembling each other in the material particulars
thereof , yet differ in respect of -
(a) the statement of the goods for which they are respectively
(b) the statement of number ; or
(c) the statement of price; or
(d) the statement of quality ; or
(e) the statement of names of places ,
seeks to register such marks , they may be registered as a series in
one registration.
(2) a series of trade marks shall be assignable and transmissble only
as a whole , but for all other purposes each of the trad marks composing
a series shall be deemed and treated as registered separately .
12. any trade mark may hereafter be removed by the colonial sec-
retary from the register of trade marks after the expriation of each
period of fourteen years from the date of its first registraion , subject to
the following provisions:-
(1) where ht etrade mark has been registered before the commence-
ment of this ordinance , it shall not be removed from the register
on account of the lapse of fourteen years or more from registration,
unless notice , by registereed letter , has been sent to the registered
proprietor that fourteen years or more have expired since the regis-
tration of the trade mark , and that he is required to pay the
prescribed fee within six months from the date such notice ,
failing which the trade mark will be removed from the register.
if such fee is not paid in accordance with such notice, the trade
mark may be so removed;
(2) where the trade mark is registered after the commencement of
this ordinance, it shall not be removed from the register on account of the lapse of fourteen years from registration , unless notice ,be
registered letter , has been sent to the registered proprietor that
fourteen years have expired since the registration of the trade mark
and that he is required to pay the prescribed fee within four
months from the date of such notice, the trade mark may be so removed
will be removed from the register. if such fee is not paid to
accordance with such notice , the trade mark may be so removed ;
(3) where the prescribed fee has not been paid in the time specified
in the notice , and the trade mark has accordingly been removed
from the register, the governor may , if satisfied that it is just to
do so , restore the said trade mark to the register on payment of
double the amount of the said prescribed fee;and
(4) where a trade mark has been removed from the register for non-
payment of the fee or otherwis , such trade mark shall nevertheless,
for the purpose of any applicaion for registration during one year
next after the date of such removal , be deemed to be a trade mark
which is already registered , unless the governor otherwise directs.
13. it shall be lawful for the gover-in-council , at any time and
on such grounds as he may think sufficient, to cancel the registration of
any trade mark under this ordinance.
14. a trade mark must be registered for particular goods or classes
of goods .
15. a trade mark may be registered in any colour or colours ,and
such registration shall (subject to the provisions of this ordinance)
confer on the registered owner the exclusive right to use the same is
that or any other colour or colours .
SCHEDULE.
FORMS.
FORM NO.1.
Application for registration of trade mark.
THE TRADE MARKS ORDINANCE , 1898.
Application for registration of trade mark.
to his excellency the governor of hongkong. your excellency is hereby respectfully asked to permit and direct the
registration in the register of trade marks of the accompany trade
mark in class in respect of (a)
in the name of (b)
who claims to be the proprieto thereof (c)
the essential particulars of the trade mark ar the following (d)
and disclaim any right to the exclusive use of the added matter.
dated the day of 1
(signed) (e)
FORM NO. 2.
Statutory declaration
I, A. B. of do solemnly and sincerely declare as
follows:-
1. to the best my knowledge and belief I (1) have the right to the
exclsive use fo the trade mark hereunto annexed and referred to in my
application dated the day of 1.
2. such trade mark has been use by me [or by my firm of , or
as hte case may be ] in respect of the goosds mentioned in my application since
(2) [or]
2.(a)* such trade mark has not hitherto been used by me [or by my firm
o f , or as hte case may be ] in respect of the goods mentioned
in my application , but it is my [or their ] intention so to use it forthwith .
3.to the best of my knowledge and belief , the said trade mark has (3)
been registered in england [in the name of ] (4)
and i make this solemn declaration consientiously believing the same to
be true and by virtue of the provisions of the statutory declarations
act, 1835.(5)
(signed .)
A,B.
declared at
the day of 1.
before me ,
note -when the declaration is made by a person who does not understand the english
language , the requirements of the statutory declarations ordinance, 1893, must
be complied with , where teh declaration is made in hongkong , and if made she
where a proper clause must be added .
FORM NO. 3.
advertisement .
THE TRADE MARKS ORDINANCE, 1898.
NOTICE IS HEREBY GIVEN THAT (a)
has , on the day of 1 , applied for the registration
in hongkong in the register of trade marks of the following trade
mark (b)
in the name of (c)
who claim to be the sole proprietor thereof , [or as the case may be ]
the trade mark has been used by the applicant, [or, if not yet used,
substitute the words following:-
the trade mark is intended to be used by the applicant forthwith , ] in
respect of the following goods (d) in class (e)
(f) a fasimile of the trade mark can be seen at the office of the colonial
secretary fo hongkong [and also at (g) ]
dated the day fo 1.
signature fo applicant or his agent duly authorized.
[adding ]on behalf of [ applicant, as ht ecase may be ]
A.D. 1898. Ordinance No. 18 of 1898. Short title. Keeping of Register of Trade Marks. 46 & 47 Vict.c. 57 s. 78. Conditions of registration of trade mark. 51 & 52 Vict.c. 50 s. 10. Application for leave to register trade mark. 46 & 47 Vict.c. 57 s. 62. Mode of application. Ib.ss. 62, 68. Schedule: Form No. 1; Form No. 2; Form No. 3. Order for registration and filing of documents. Ib.ss. 62, 72; 51 & 52 Vict.c. 50 s. 14. Notice of registration. Making of rules and fixing of scale of fees. 46 & 47 Vict.c. 57 s. 80. Effect as evidence of entries in Register, etc. 46 & 47 Vict.c. 57 s. 76. Assignment and transmission of trade mark. Ib.s.70. Registration of series of trade marks. Ib.s.66. Removal of trade mark from Register after 14 years, unless fee paid. Ib.s.79. Power to cancel registration. Connexion of trade mark with goods. 46 & 47 Vict.c. 57 s. 65. Trade mark may be registered in any colour. Ib.s.67. Section 5. (a.) Only goods contained in one and the same class should be set out here. A separate application is required for each separate class. (b.) Insertlegibly the full name, address, and description of the individual, firm, or company. Add trading style, if any, and, if there are more partners than one in the firm, state the names of all the partners. (c.) In case of a firm or company, alter to 'claim to be the proprietors thereof.' (d.) See Section 3 of the Ordinance. (e.) To be signed by the applicant or by an agent duly authorized. Section 5. (1.) Insert: I, solely, or I, jointly with A.B. or the company, as the case may be. (2.) Insert time when use commenced. *2 or 2(a.) to be used according to the circumstances. (3.) If not insert the word 'not.' (4.) Add the name, if registered. and for what classes of goods. (5.) This paragraph is not required when the declaration is made neither in the United Kingdom nor in Hongkong.
No. 8 of 1893.
Section 5.
(a.) Insert name, address, and calling of applicant.
(b.) Describe mark or insert facsimile.
(c.) Insert name.
(d.) Insert description of goods.
(e.) Insert number of Class as set out in the Rules.
(f.) This must be add where a facsimile is not in the advertisment
(g.) Add other place, if any.
Abstract
A.D. 1898. Ordinance No. 18 of 1898. Short title. Keeping of Register of Trade Marks. 46 & 47 Vict.c. 57 s. 78. Conditions of registration of trade mark. 51 & 52 Vict.c. 50 s. 10. Application for leave to register trade mark. 46 & 47 Vict.c. 57 s. 62. Mode of application. Ib.ss. 62, 68. Schedule: Form No. 1; Form No. 2; Form No. 3. Order for registration and filing of documents. Ib.ss. 62, 72; 51 & 52 Vict.c. 50 s. 14. Notice of registration. Making of rules and fixing of scale of fees. 46 & 47 Vict.c. 57 s. 80. Effect as evidence of entries in Register, etc. 46 & 47 Vict.c. 57 s. 76. Assignment and transmission of trade mark. Ib.s.70. Registration of series of trade marks. Ib.s.66. Removal of trade mark from Register after 14 years, unless fee paid. Ib.s.79. Power to cancel registration. Connexion of trade mark with goods. 46 & 47 Vict.c. 57 s. 65. Trade mark may be registered in any colour. Ib.s.67. Section 5. (a.) Only goods contained in one and the same class should be set out here. A separate application is required for each separate class. (b.) Insertlegibly the full name, address, and description of the individual, firm, or company. Add trading style, if any, and, if there are more partners than one in the firm, state the names of all the partners. (c.) In case of a firm or company, alter to 'claim to be the proprietors thereof.' (d.) See Section 3 of the Ordinance. (e.) To be signed by the applicant or by an agent duly authorized. Section 5. (1.) Insert: I, solely, or I, jointly with A.B. or the company, as the case may be. (2.) Insert time when use commenced. *2 or 2(a.) to be used according to the circumstances. (3.) If not insert the word 'not.' (4.) Add the name, if registered. and for what classes of goods. (5.) This paragraph is not required when the declaration is made neither in the United Kingdom nor in Hongkong.
No. 8 of 1893.
Section 5.
(a.) Insert name, address, and calling of applicant.
(b.) Describe mark or insert facsimile.
(c.) Insert name.
(d.) Insert description of goods.
(e.) Insert number of Class as set out in the Rules.
(f.) This must be add where a facsimile is not in the advertisment
(g.) Add other place, if any.
No. 8 of 1893.
Section 5.
(a.) Insert name, address, and calling of applicant.
(b.) Describe mark or insert facsimile.
(c.) Insert name.
(d.) Insert description of goods.
(e.) Insert number of Class as set out in the Rules.
(f.) This must be add where a facsimile is not in the advertisment
(g.) Add other place, if any.
Identifier
https://oelawhk.lib.hku.hk/items/show/711
Edition
1901
Volume
v2
Subsequent Cap No.
43
Cap / Ordinance No.
No. 6 of 1898
Number of Pages
7
Files
Collection
Historical Laws of Hong Kong Online
Citation
“TRADE MARKS ORDINANCE, 1898,” Historical Laws of Hong Kong Online, accessed November 19, 2024, https://oelawhk.lib.hku.hk/items/show/711.
