Annual Fees. .. the patent Before the expiration of the eighth year from the date of .. the patent Before the expiration of the eleventh year from the date of Before the expiration of the twelfth year from the date of the patent Before the expiration of the thirteenth year from the date of the patent .. Before the expiration of the fifth year from the date of the Before the expiration of the fourth year from the date of the patent £ s. d. 040 050 ORDINANCE of the Government of Malta, to make some provisions in order better to repress the Sale of Foreign Lottery Tickets. [No. 8.] [Assented to, April 17, 1893.] WHEREAS it is expedient to make some provisions in order better to repress the sale of foreign lottery tickets, it is hereby enacted and ordained by his Excellency the Governor, with the advice and consent of the Council of Government, as follows:— ART. 1. It is prohibited to sell or to distribute tickets in lotteries made abroad, or to collect subscriptions to such lotteries; and whoever shall transgress this provision shall be liable to the punishments established for contraventions. 2. Whoever shall, for foreign lotteries, receive stakes or subscriptions shall be liable to the same punishments. 3. Every keeper of any shop, included in the definition of "shop" contained in Article 122 of the Police Laws, in which any of the offences designated in the foregoing Articles shall have been committed, shall be liable to the penalty of the suspension of his licence for a time not less than fifteen days and not longer than three months. 4. The words "and whosoever shall, without permission, sell tickets in any lotteries made beyond the limits of these islands," in No. 7 of Article 307 of the Criminal Laws, are cancelled. Passed the Council of Government, March 15, 1893. EMILIO DE PETRI, Clerk to the Council. Assented to this 17th day of April, 1893. (L.S.) H. A. SMYTH, Governor. By command. G. STRICKLAND, Chief Secretary to Government. ORDINANCE of the Government of Ceylon, providing for the Registration of Trade-marks." [No. 14.] [Assented to, December 22, 1888.] (L.S.) ARTHUr Gordon. WHEREAS it is expedient to provide for the registration of trademarks in this island: Be it therefore enacted by the Governor of Ceylon, by and with the advice and consent of the Legislative Council thereof, as follows: 1. This Ordinance may be cited as "The Trade-marks Ordinance, 1888;" and it shall come into operation at such time as the Governor shall appoint by Proclamation to be published in the Government Gazette. Preliminary. 2. In and for the purposes of this Ordinance, unless the context otherwise requires "Person" includes a body corporate. "Colonial Secretary" includes any assistant to the Colonial Secretary to the extent to which he may be authorized by general or special order of the Governor to discharge the functions of the Colonial Secretary under this Ordinance. "Prescribed" means prescribed by the Schedule to this Ordinance or by general rules under or within the meaning of this Ordinance. "The Court" means the District Court of Colombo. 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, stamped, branded, or woven in some particular and distinctive manner; or * Amended by Ordinance No. 4 of 1890, page 159. (b.) 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, stamp, brand, heading, label, ticket, or fancy word or words not in common use. 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 any of them. Registration of Trade-marks. 3.-(1.) Any person claiming to be the proprietor of a trademark may by himself or his agent apply to the Colonial Secretary for an order for the registration thereof. (2.) The application must be made in the prescribed form, and must be accompanied by not less than three representations of the trade-mark. (3.) The applicant must state the particular goods or classes of goods in connection with which he desires the trade-mark to be registered. (4.) The application must be left with, or sent by post to, the Colonial Secretary. (5.) The date of the delivery or receipt of the application shall be indorsed thereon, and recorded in the Colonial Secretary's Office. 4-(1.) Upon such application as aforesaid, the Colonial Secretary may, after such inquiry as he thinks fit, and subject to the provisions hereinafter contained, make an order authorizing the registration of the trade-mark. (2.) When an order has been made under this section, the Colonial Secretary shall cause the trade-mark to be registered in a book to be kept by him for that purpose, and to be called the register of trade-marks. (3.) The date of registration shall be recorded in the said register. 5. Where registration of a trade-mark 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. 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 (b) statements of numbers, or (c) statements of price, 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 a whole, but for all other 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 Ordinance, 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 Ordinance shall, as soon as may be after its receipt, be advertised by the Colonial Secretary in the Government Gazette and in one or more of the local newspapers. 10.-(1.) Any person may within two months of the advertisement of the application, give notice in duplicate to the Colonial Secretary of opposition to registration of the trade-mark, and the Colonial Secretary shall send one copy of such notice to the applicant. (2.) Within two months after receipt of such notice, or such further time as the Colonial Secretary may allow, the applicant may send to the Colonial Secretary 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 Colonial Secretary shall furnish a copy thereof to the person who gave notice of opposition, and shall require him to give security in such manner and to such amount as the Colonial Secretary may 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 Colonial Secretary 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 Colonial Secretary shall inform the applicant thereof in writing, and thereafter the case shall be deemed to staud for the determination of the Court. 11.—(1.) When a case stands for the determination of the Court under the provisions of the last preceding section, the Colonial Secretary shall require the applicant, within one month or such further time as the Colonial Secretary may allow, to make a written application to the Court for an order that, notwithstanding the opposition of which notice has been given, the registration of the trade-mark be proceeded with by the Colonial Secretary, or to take such other proceedings as may be proper and necessary for the determination of the case by the Court. (2.) The applicant shall thereupon make his application or take such other proceedings as aforesaid, within the period of one month above named, or such further time as the Colonial Secretary may allow, and shall also within the like period give notice thereof to the Colonial Secretary. (3.) If the applicant shall fail to make such application or to take such other proceedings, of which failure the non-receipt by the Colonial Secretary of the said notice shall be sufficient proof, the applicant shall be deemed to have abandoned his application. 12. A trade-mark when registered shall be assigned and transmitted only in connection 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. 13. Where each of several persons claims to be registered as proprietor of the same trade-mark, the Colonial Secretary may refuse to register any of them until their rights have been determined according to law; and the Colonial Secretary may require the claimants to submit their rights to the Court. be 14. The manner in which the rights of such claimants may submitted to the Court shall, unless the Court otherwise order, be by a special case, and such special case, which shall be subject to a stamp duty of 1 rupee, shall be filed and proceeded with in like manner as the Court or in such other manner as the Court may cirect. The special case may be agreed to by the claimants, or, if they differ, may be settled by the Colonial Secretary on payment of the prescribed fee. 15.-(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 Colonial Secretary 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. (2.) The Colonial Secretary shall not register w th 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 description of goods as to be calculated to deceive. 16. 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. 17.-(1.) Nothing in this Ordinauce shall be construed to prevent the Colonial Secretary entering on the register, in the |