Page images

determine the appeal, and may make an order determining whether, and subject to what conditions, if any, registration is to be permitted.

4. Where registration of a trade mark has not been or shall not be completed within twelve months from the date of the application, by reason of default on the part of the applicant, the application shall be deemed to be abandoned.

5.-(1.) For the purposes of this Act, a trade-mark must consist of or contain at least one of the following essential particulars :

(a.) A name of an individual or firm printed, impressed, or woven in some particular and distinctive manner; or

(6.) A written signature or copy of a written signature of the individual or firm applying for registration thereof as a trademark; or

(c.) A distinctive device, mark, brand, heading, label, ticket, or fancy word or words not in common use

(2.) There may be added to any one or more of these particulars any letters, words, or figures, or combination of letters, words, or figures, or of any of them.

6. A trade-mark must be registered for particular goods or classes of goods.

7. When a person claiming to be the proprietor of several trademarks 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 used or proposed to be used; or

(6.) Statements of numbers; or
(c.) Statements of prices; or
(d.) Statements of quality; or
(e.) Statements of names of places;

Seeks to register such trade-marks, they may be registered as a series in one registration. A series of trade-marks shall be assignable and transmissible only as whole, but for all otber purposes each of the trade-marks composing a series shall be deemed and treated as registered separately.

8. A trade-mark may be registered in any colour, and such registration shall (subject to the provisions of this Act) confer on the registered owner the exclusive right to use the same in that or any other colour.

9. Every application for registration of a trade-mark under this Act shall as soon as may be after its receipt be advertised by the Registrar.

10.-(1.) Any person may, within two months of the first advertisement of the application, give notice, in duplicate, at the

I'ra-le-marks Office, of opposition to registration of the trade-mark, and the Registrar shall send one copy of such notice to the applicant.

(2.) Within two months after receipt of such notice, or such turther time as the Registrar may allow, the applicant may send to the Registrar a counter-statement, in duplicate, of the grounds on which he relies for his application, and if he does not do so shall be deemed to have abandoned his application.

(3.) If the applicant sends such counter-statement, the Registrar shall furnish a copy thereof to the person


notice of opposition, and shall require him to give security in such manner and to such amount as the Registrar way require for such costs as may be awarded in respect of such opposition ; and if such security is not given within fourteen days after such requirement was made, or such further time as the Registrar may allow, the opposition shall be deemed to be withdrawn.

(4.) If the person who gave notice of opposition duly gives such security as aforesaid, the Registrar shall inform the applicant thereof in writing, and thereupon the case shall be deemed to stand for the determination of the Supreme Court.

11. A trade-mark, when registered, shall be assigned and transmitted only in connection with the good-will of the business concemed in the particular goods or classes of goods for which it hus been registered, and shall be determinable with that good-will.

12. Where each of several persons claims to be registered us proprietor of the same trade-mark, the Registrar may refuse to register any of them until their rights have been determined according to law, and the Registrar may himself submit or require the claimants to submit their rights to the Supreme Court.

13.-(1.) Except where the Court has decided that two or more persons are entitled to be registered as proprietors of the same trade-mark, the Registrar shall not register iu 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.

(2.) The Registrar shall not register with respect to the same goods or description of goods a trade mark so nearly resembling a trade-mark already on the register with respect to such goods or descriptiou of goods as to be calculated to deceive.

14. It shall not be lawful to register as part of or in combination with a trade-mark any words the exclusive use of which would, by reason of their being calculated to deceive or otherwise, be deemed disentitled to protection in a Court of Justice, or any scandalous design.

15.-(1.) Nothing in this Act shall be construed to prevent the Registrar entering on the register, in the prescribed manner, and subject to the prescribed conditions, as an addition to any trademark, any distinctive word or combination of words, though the same is common to the trade in the goods with respect to which the application is made.

(2.) The applicant for entry of any such common particular or particulars must, however, disclaim in his application any right to the exclusive use of the same, and a copy of the disclaimer shall be entered on the register.

Effect of Registration. 16. Registration of a trade-mark shall be deemed to be equivaleut to public use of the trade-mark.

17. The registration of a person as proprietor of a trade-mark shall be primâ facie evidence of his right to the exclusive use of the trade-mark, and shall, after the expiration of five years from the date of the registration, be conclusive evidence of his right to the exclusive use of the trade-mark, subject to the provisions of this Act.

18. A person shall not be entitled to institute any proceedings to prevent or to recover damages for the infringement of a trademark unless, in the case of a trade-mark capable of being registered under this Act, it has been registered in pursuance of this Act. The Registrar may, on request, and on payment of the prescribed fee, grant a certificate that such registration has been refused.

Register of Trade-marks.

[ocr errors]

19. There shall be kept at the Trade-mark Office a book called the “ Register of Trade-marks,” wherein shall be entered the names and addresses of proprietors of registered trade-marks, notifications of assignments and of trausmissions of trade-marks, and such other matter as may be from time to time prescribed.

20.-(1.) At a time not being less than two months nor more than three months before the expiration of fourteen years from the date of the registration of a trade-mark, the Registrar shall send notice to the registered proprietor that the trade-mark will be removed from the register unless the proprietor pays to the Registrar before the expiration of such fourteen years (uaming the date at which the same will expire) the prescribed fee; and if such fee be not previously paid, he shall at the expiration of one mouth from the date of the giving of the first notice send a second notice to the same effect.

(2.) If such fee be not paid before the expiration of such

fourteen years the Registrar may, after the end of three months from the expiration of such fourteen years, remove the mark from the register, and so from time to time at the expiration of every period of fourteen years.

(3.) If before the expiration of the said three months the registered proprietor pays the said fee, together with the additional prescribed fee, the Registrar may without removing such trademark from the register accept the said fee as if it had been paid before the expiration of the said fourteen years.

(4.) Where after the said three months a trade-mark has been removed from the rezister for non-payment of the prescribed fee, the Registrar may, if satisfied that it is just so to do, restore such trade mark to the register on payment of the prescribed additional fee.

(5.) Where a trade mark has been removed from the register for non-payment of the fee or otherwise, such trade-mark shall nevertheless, for the purpose of any application for registration during the five years next after the date of such removal, be deemed to be a trade-mark which is already registered.


21. There shall be paid in respect of applications for registration and other matters under this Act such fees as may be from time to time prescribed by the Governor in Council, and such fees shall be levied and paid rateably to the Treasuries of the several Presidencies in the same proportions as the several Presidencies contribute to federal expenditure.


22.-(1.) The Governor in Council may provide for the purposes of this Act an office, with all requisite buildings and conveniences, which shall be called, and is in this Act referred to as, the “ Trademarks Office."

(2.) Until a new Trade-marks Office is provided, the office of the Chief Registrar of the Supreme Court shall be the Trade-marks Office within the meaning of this Act.

(3.) The Trade-marks Office shall be under the immediate control of the Chief Registrar of the Supreme Court, who shall act uuder the superintendence and direction of the Governor in Council.

(4.) Any Act or thing directed to be done by or to the Registrar may, in his absence, be done by or to any officer for the time being in that bel.alf authorized by the Governor in Council.

23.-(1.) The Governor in Council may, at any time after the passing of this Act, and from time to time, appoint such officers and clerks with such designations and duties as the Governor in Council shall think fit, and may from time to time remove any of those officers and clerks.

(2.) The salaries of those officers and clerks shall be appointed by the Governor in Council, with the concurrence of the General Legislative Council, and the same and the other expenses of the execution of this Act shall be paid out of the money provided by the General Legislative Council.

24. There shall not be entered in any register kept under this Act, or be receivable by the Registrar, any notice of any trust, expressed, implied, or constructive.

25. The Registrar may refuse to register a trade-mark of which the use, in his opinion, would be contrary to law or morality.

26. Where a persou becomes entitled, by assignment, transmission, or other operation of law, to a registered trade-mark, the Registrar shall on request, and on proof of title to his satisfaction, cause the name of such person to be entered as proprietor of the trade mark in the register of trade-marks. The person for the time being entered in the register of trade-marks as proprietor of a trade-mark shall, subject to any rights appearing from such register to be vested in any other person, have power absolutely to assign, grant licences as to, or otherwise deal with, the same, and to give effectual receipts for any consideration for such assignment, licence, or dealing. Provided that any equities in respect of such trademark may be enforced in like manner as in respect to any other personal property.

27. There shall be a seal for the Trade-marks Office, and impressions thereof shall be judicially noticed and admitted in evidence.

28. Every register kept under this Act shall at all convenient times be open to the inspection of the public, subject to such regulations as may be prescribed ; and certified copies, sealed with the seal of the Trade-marks Office, of any entry in any such register, shall be given to any person requiring the same, on payment of the prescribed fee.

29. Printed or written copies or extracts, purporting to be certified by the Registrar, and sealed with the seal of the Trademarks Office, of or from the registers and other books kept there, shall be admitted in evidence in all Courts of the Colony and in all proceedings without further proof or production of the originals.

30.-(1.) The Supreme Court may, on the application of any person aggrieved by the omission without sufficient cause of the

« PreviousContinue »