prescribed manner, and subject to the prescribed conditions, as an addition to any trade-mark

(a.) In the case of an application for registration of a trademark used before the coming into operation of this Ordinance, any distinctive device, mark, stamp, brand, heading, label, ticket, letter, word, or figure, or combination of letters, words, or figures, though the same is common to the trade in the goods with respect to which the application is made;

(b.) In the case of an application for registration of a trademark not used before the coming into operation of this Ordinance, 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.

(3.) Any device, mark, stamp, brand, heading, label, ticket, letter, word, figure, or combination of letters, words, or figures which was or were, before the coming into operation of this Ordinance, publicly used by more than three persons on the same or a similar description of goods, shall, for the purposes of this section, be deemed common to the trade in such goods.

Effect of Registration.

18. Registration of a trade-mark shall be deemed to be equivalent to public use of the trade-mark.

19. The registration of a person as proprietor of a trade-mark shall be prima 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 Ordinance.

20. A person shall not be entitled to institute any proceeding in a Civil Court to prevent or to recover damages for the infringement of a trade-mark, unless, in the case of a trade-mark capable of being registered under this Ordinance, it has been registered in pursuance of this Ordinance; or, in the case of any other trade-mark in use before the coming into operation of this Ordinance, registration thereof, under this Ordinance, has been refused. The Colonial Secretary may, on request, and on payment of the prescribed fee, grant a certificate that such registration has been refused.

Register of Trade-marks.

21. There shall be kept at the Colonial Secretary's Office a book called the register of trade-marks, wherein shall be entered the names and addresses of proprietors of registered trade-marks, the notification of assignments, and of transmission of trade-marks, and such other matters as may be from time to time prescribed.

22.—(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 Colonial Secretary shall send notice to the registered proprietor that the trade-mark will be removed from the register unless the proprietor pays to the Colonial Secretary before the expiration of such fourteen years (naming the date at which the same will expire) the prescribed fee; and if such fee be not previously paid, the Colonial Secretary shall, at the expiration of one month 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 Colonial Secretary 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 Colonial Secretary may, without removing such trade-mark 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 register for non-payment of the prescribed fee, the Colonial Secretary 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.

General.

23. There shall not be entered in the register kept under this Ordinance, or be receivable by the Colonial Secretary, any notice of any trust expressed, implied, or constructive.

24. The Colonial Secretary may refuse to register a trade-mark

of which the use would, in his opinion, be contrary to law or morality.

25. Where a person becomes entitled by assignment, transmission, or other operation of law to a registered trade-mark, the Colonial Secretary 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 trade-mark may be enforced in like manner as in respect of any other personal property.

26. The register kept under this Ordinance 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 Colonial Secretary's Office, of any entry in any such register shall be given to any person requiring the same, ou payment of the prescribed fee.

27. Printed or written copies, or extracts purporting to be certified by the Colonial Secretary, and sealed with the seal of the Colonial Secretary's Office, of or from any document, register, aud other book filed or kept under this Ordinance in the said Office, shall be admitted in evidence in all Courts in this Colony, and in all proceedings, without further proof or production of the originals.

28. (1.) The Court may, on the application of any person aggrieved by the omission without sufficient cause of the name of any person from the register kept under this Ordinance, 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 an issue to be tried for the decision 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 Colonial Secretary.

29. The Colonial Secretary may, on request in writing, accompanied by the prescribed fee

(a.) Correct any clerical error in or in connection with an application for the registration of a trade-mark; or

(b.) Correct any clerical error in the name, style, or address of the registered proprietor of a trade-mark; or

(c.) Cancel the entry or part of the entry of a trade-mark on the register: Provided that the applicant accompanies his request by an affidavit 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.

30.—(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 Ordinance; 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 Colonial Secretary by the applicant; and the Colonial Secretary shall be entitled to be heard on the application.

(3.) If the Court grants leave, the Colonial Secretary shall, on proof thereof, and on payment of the prescribed fee, cause the register to be altered in conformity with the order of leave.

31. Every application made to the Court under section 11, 28, or 30 shall be subject to a stamp duty of 1 rupee, and all proceedings thereunder shall be conducted in such manner as the Court may direct.

32. The minimum stamp duties chargeable in the District Courts in civil proceedings under the provisions of the Ordinance for the time being in force relating to stamps shall, so far as the same may be applicable, and except as herein otherwise provided, be charged in all proceedings in the Court under this Ordinance. But in no case shall the Colonial Secretary be required to use any stamp or be charged with any stamp duty.

33. Every judgment or order by the District Court under this Ordinance shall be subject to an appeal to the Supreme Court, and such appeal shall be subject to the same rules which govern interlocutory appeals from District Courts; and the minimum stamp duties chargeable in the Supreme Court under the provisions of the Ordinance for the time being in force relating to stamps shall, so far as the same may be applicable, be charged in all proceedings relating to or in connection with such appeal.

34. Where any discretionary power is by this Ordinance given to the Colonial Secretary, he shall not exercise that power adversely to the applicant for registration of a trade-mark without (if so required within the prescribed time by the applicant) giving the applicant an opportunity of being heard personally or by his agent.

35. The Colonial Secretary may, in any case of doubt or difficulty arising in the administration of any of the provisions of this Ordinance, apply to the Attorney-General or Solicitor-General for directions in the matter.

36. A certificate purporting to be under the hand of the Colonial Secretary as to any entry, matter, or thing which he is authorized by this Ordinance, or any general rules made thereunder, to make or do, shall be prima facie evidence of the entry having been made, and of the contents 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 with or sent to the Colonial Secretary, or to any other person under this Ordinance, may be sent by a registered letter through the post; and if so sent shall be deemed to have been so left 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 registered at the post-office.

38. Whenever the last day fixed by this Ordinance, or by any rule for the time being in force, for leaving any document with or paying any fee to the Colonial Secretary, shall fall on a public holiday, it shall be lawful to leave such document or to pay such fee on the day next following such public holiday, or holidays, if two or more of them occur consecutively.

39. If any person is, by reason of infancy, lunacy, or other inability, incapable of making any affidavit or doing anything required or permitted by this Ordinance, or by any rules made under the authority of this Ordinance, then the guardian of such incapable person, or, if there be none, any person appointed by any Court possessing jurisdiction in respect of 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 such affidavit or doing such thing, may make such affidavit, or an affidavit as nearly corresponding thereto as circumstances permit, and do such thing in the name and on behalf of such incapable person; and all acts done by such substitute shall, for the purposes of this Ordinance, be as effectual as if done by the person for whom he is substituted.

40.-(1.) The Governor in Executive Council may from time to time make such general rules, prescribe such forms, and do such things as he thinks expedient, subject to the provisions of this Ordinance

(a.) For regulating the practice of registration under this Ordi

nance;