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name of any person from any register kept under this Act, or by any entry made without sufficient cause in any such register, make such order for making, expunging, or varying the entry as the Court thinks fit; or the Court may refuse the application; and in either case may make such Order with respect to the costs of the proceedings as the Court thinks fit.
(2.) The Court may in any proceeding under this section decide any question that it may be necessary or expedient to decide for the rectification of a register; and may direct any issue to be tried for the decisiou of any question of fact, and may award damages to the party aggrieved.
(3.) Any order of the Court rectifying a register shall direct that due notice of the rectification be given to the Registrar.
31. The Registrar may, on request in writing accompanied by the prescribed fee
(a.) Correct any clerical error in or in connection with an application for registration of a trade-mark ;
(6.) Correct any clerical error in the name, style, or address of the registered proprietor of the trade-mark;
(c.) Cancel the entry or part of the entry of a trade-mark on the register.
Provided that the applicant accompanies his request by a statutory declaration made by himself, stating his name, address, and calling, and that he is the person whose name appears on the register as the proprietor of the said trade-mark.
32.1.) The registered proprietor of any registered trade-mark may apply to the Court for leave to add to or alter such mark in any particular, not being an essential particular within the meaning of this Act, and the Court may refuse or grant leave on such terms as it may think fit.
(2.) Notice of any intended application to the Court under this section shall be given to the Registrar by the applicant, and the Registrar shall be entitled to be heard on the application.
(3.) If the Court grants leave, the Registrar shall, on proof thereof and on payment of the prescribed fee, cause the register to be altered in conformity with the order of leave.
33. If any person makes or causes to be made a false entry in any register kept under this Act, or a writing falsely purporting to be a copy of an entry in any such register, or produces or tenders or causes to be produced or tendered in evidence any such writing, knowing the entry or writing to be false, he shall be guilty of a misdemeanour.
34. Wnere any discretionary power is by this Act given to the Registrar, he shall not exercise that power adversely to the applicant for the registration of the trade-mark without giving the applicant an opportunity of being heard, personally or by bis agent.
35. The Registrar may, in any case of doubt or difficulty arising in the administration of any of the provisions of this Act, apply to either of the Law Officers for directions in the matter.
36. A certificate purporting to be under the band of the Registrar as to any entry, matter or thing, which he is authorized by this Act, or any general rules made thereunder, to make or do, shall be prima facie evidence of the entry having been made, and of the conterts thereof, and of the matter or thing having been done or left undone.
37.—(1.) Any application, notice, or other document authorized or required to be left, made, or given at the Trade-marks Office, or to the Registrar, or to any other person under this Act, may be sent by a prepaid letter through the post; and if so sent shall be deemed to have been left, made, or given respectively at the time when the letter containing the same would be delivered in the ordinary course of post.
(2.) In proving such service or sending, it shall be sufficient to prove that the letter was properly addressed and put into the post.
38. Whenever the last day fixed by this Act, or by any rule for the time being in force, for leaving any document or paying any fee at the Trade-marks Office sball fall on Christmas Day, Good Friday, or on a Saturday or Sunday, or any day observed as a holiday under the Bank Holidays Act, or any holiday under the Supreme Court Act, or any day observed as a day of public fast or general thanksgiving, herein referred to as excluded days, it shall be lawful to leave such documents or to pay such fee on the day following such excluded day or days, if two or more of them occur consecutively.
39. If any person is, by reason of infancy, luvacy, or other inability, incapable of making any declaration, or of doing anything required or permitted by this Act, or by any rules made under the authority of this Act, then the guardian or committee (if any) of such incapable person, or, if there be none, any person appointed by any Court or Judge possessing jurisdiction in respect to the property of incapable persons, upon the petition of any person on behalf of such incapable person, or of any other person interested in the making of any such declaration or doing any such thing, may make such declaration, or a declaration as nearly corresponding thereto as circumstances permit, and do such thing in the name and on the behalf of such incapable person, and all acts done by such substitute shall for the purposes of this Act be as effectual as if done by the person for whom he is substituted.
40.-(1.) The Governor in Council may from time to time make such general rules and do such things as he thinks expedient, subject to the provisions of this Act
(a.) For regulating the practice of registration under this Act; (6.) For classifying goods for the purposes of trade-marks ; (c.) For making or requiring duplicates of any documents;
(d.) For securing and regulating the publishing and selling of copies at such prices and in such manner as the Governor in Council may think fit;
(e.) For securing and regulating the making, printing, publishing, and selling of indexes to and abridgments of any documents in the Trade-marks Office, and providing for the inspection of indexes and abridgments, and other documents;
(f.) Generally for regulating the business of the Trade-marks Office, and all things by this Act placed under the direction or control of the Registrar, or of the Governor in Council.
(2.) The form in the First Schedule may be altered or amended by rules made by the Governor in Council aforesaid.
(3.) General rules may be made under this section at any time after the passing of this Act, but not so as to take effect before the commencement of this Act; and sball (subject as is hereinafter mentioned) be of the same effect as if they were contained in this Act, and shall be judicially noticed.
(1.) Any rules made in pursuance of this section shall be laid before the General Legislative Council if the General Legislative Council be in Session at the time of the making thereof, or, then as soon as practicable after the beginning of the next Session of the General Legislative Council, and they shall be advertised twice in the official Gazette.
(5.) If the General Legislative Council, within the next forty days after any such general rules shall have been laid before it, resolve that such rules, or any of them, ought to be annulled, the same shall after the date of such resolution be of no effect, without prejudice to the validity of anything done in the meantime under such rules or rule, or to the making of any new rules or rule.
41. It shall be lawful for the Governor by Order in Council from time to time to make provision for the protection of inventions, designs, and trade-marks patented or registered in the United Kingdom, and for the protection of inventions, desigus, or trademarks in any British Colony or foreign State.
Provided always that an Order made under this section shall not come into force without the consent of the General Legislative Council expressed by resolution, until the termination of the sitting of the next General Legislative Council, which shall commence after the said Order.
Provided also that such Order shall be placed as soon as practicable before the Council aforesaid, and if the said Council resolve, before the passing of any such resolution as aforesaid, and before the termination of such next sitting of the said Council as aforesaid, that any Order made under this section, or any part thereof, ought not to come into force, then such Order or part thereof shall be of no force or effect.
42. Any person authorized by any law in force in this Colony to take affidavits may take a declaration authorized or required to be made under this Act.
43. In and for the purposes of this Act, unless the context otherwise requires —
"Person" includes a body corporate;
“ The Court" means the Supreme Court of the Leeward Islands;
" Law Officer” means Her Majesty's Attorney-General or Solicitor-General for the Leeward Islands;
“The Governor” means the Governor of the Leeward Islands;
“Registrar" means the Chief Registrar of the Supreme Court of the Leeward Islands;
Prescribed” means prescribed by any of the Schedules to this Act or by general rules under or witbin the meaning of this Act.
J. H. H. BERKELEY, Vice-President.
Passed the General Legislative Council, the 16th December, 1887.
EDWARD BAYNES, Clerk.
Dated at Antigua, the 31st day of December, 1887, in the fiftyfirst year of Her Majesty's reign.
Form (1).- Form of Application for Registration of Trade-Mark.
(One representation to be fixed within this
square, and two others on separate sheets
(Representations of a larger size may be
folded, but must be mounted upon linen
You are hereby requested to register the accompanying trade-mark (in Class iron in bars, sheets, and plates; in Class sieam engines and boilers; and in Class warming apparatus] in the name of*
who claims to be the proprietor thereof. Registration fees inclosed, £ d.
(Signed) To the Registrar, Court-house, St. John's,
NOTE.-If the trade-mark has been in use before, state length of use.
Here insert legibly the name, address, and business of the individual or
ACT of the Government of the Leeward Islands, to amend the
Law relating to Fraudulent Marks on Merchandize.* (No. 34.]
[December 17, 1887.] (L.S.) GORMANSTON, Governor. Be it enacted by the Governor and General Legislative Council of the Leeward Islands, as follows:
1. This Act may be cited as 66 The Merchandize Marks Act, 1887."
* See also Act No. 10 of 1890, page 119.