(a) For regulating the practice under this Ordinance:

(b) For classifying goods for the purposes of registration of trade marks. (c) For making or requiring duplicates of trade marks and other documents:

(d) For securing and regulating the publishing and selling or distributing, in such manner as the Governor-in-Council thinks fit, of copies of trade marks and other documents:

(e) Generally, for regulating the business of the office in relation to trade marks and all things by this Ordinance placed under the direction or control of the Registrar.

(2) Rules made under this section shall, whilst in force, be of the same effect as if they were contained in this Ordinance.

(3) Any rules made in pursuance of this section shall be forthwith published in the Gazette.

FEES.

57. There shall be paid in respect of applications and registration and other matters under this Ordinance such fees as may be prescribed by the Governor-inCouncil and a list of such fees shall forthwith be published in the Gazette.

SPECIAL TRADE Marks.

Standardization of Trade Marks.

58. Where any association or person undertakes the examination of any goods in respect of origin, material, mode of manufacture, quality, accuracy, or other characteristic, and certifies the result of such examination by mark used upon or in connection with such goods, the Governor-in-Council may, if he shall judge it to be to the public advantage, permit such association or person to register such mark as a trade mark in respect of such goods, whether or not such association or person be a trading association or trader or possessed of a goodwill in connection with such examination and certifying. When so registered such trade mark shall be deemed in all respects to be a registered trade mark, and such association or person to be the proprietor thereof, save that such trade mark shall be transmissible or assignable only by permission of the Governor-in-Council.

OFFENSES.

Falsification of Entries in Register.

59. If any person makes or causes to be made a false entry in the register kept under this Ordinance 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 misdemeanor.

PENALTY ON FALSELY REPRESENTING A TRADE MARK AS REGISTERED. 60.—(1) Any person who represents a trade mark as registered in Hongkong which is not so shall be liable for every offense on summary conviction to a fine not exceeding fifty dollars.

(2) A person shall be deemed, for the purposes of this Ordinance, to represent that a trade mark is registered in Hongkong, if he uses in connection with the trade mark the words "registered in Hongkong”, or any words expressing or implying that registration has been obtained in Hongkong for the trade mark.

ROYAL ARMS.

Unauthorized Assumption of Royal Arms.

61. If any person, without the authority of His Majesty, uses in connection with any trade, business, calling, or profession, the Royal Arms (or arms so

closely resembling the same as to be calculated to deceive) in such manner as to be calculated to lead to the belief that he is duly authorized so to use the Royal Arms, or if any person without the authority of His Majesty or of a member of the Royal Family, uses in connection with any trade, business, calling, or profession any device, emblem, or title in such manner as to be calculated to lead to the belief that he is employed by or supplies goods to His Majesty or such member of the Royal Family, he may, at the suit of any person who is authorized to use such arms or such device, emblem, or title, or is authorized by the Governor to take proceedings in that behalf, be restrained by injunction or interdict from continuing so to use the same: Provided that nothing in this section shall be construed as affecting the right, if any, of the proprietor of a trade mark containing any such arms, device, emblem, or title to continue to use such trade mark.

REPEAL OF PREVIOUS ENACTMENT.

Repeal of Previous Ordinance and Saving.

62. The Trade Marks Ordinance, 1898, is hereby repealed and all rules made thereunder are hereby revoked as and from the first day of April, 1910: Provided always that the provisions of that Ordinance shall apply to all such applications as may be pending at the date of the commencement of this Ordinance.

COMMENCEMENT OF ORDINANCE.

1

63. The Governor may appoint the Registrar under this Ordinance immediately after the passing hereof, and thereafter all matters and things hitherto transacted and done by the Colonial Secretary under the Trade Marks Ordinance, 1898, and all rules made thereunder may be transacted and done by the Registrar, but in all other respects this Ordinance shall come into operation on the first day of April, 1910, which shall be deemed to be the date of the commencement of this Ordinance.

Passed the Legislative Council of Hongkong, this 9th day of December, 1909. (Signed) C. CLEMENTI,

Clerk of Councils.

Assented to by His Excellency the Governor, the 10th day of December, 1909. (Signed) F. H. MAY,

Colonial Secretary.

Japan.

DESIGNS.-Regulations.

ORDINANCE OF THE DEPARTMENT OF AGRICULTURE AND COMMERCE No. 43 OF OCTOBER 26, 1909.

ART. I.-A person who desires to obtain registration of designs shall make out, in connection with each design, one application for each class of articles, as prescribed in Art. XIII. and shall present the same to the Patent Office.

An application shall be accompanied by three copies of the drawing.

ART. II.—When a model or specimen is such that it can be pasted on paper, three such models or specimens pasted on paper may be presented in the place of the drawings. This provision also applies to a case where three copies of photographs pasted on paper are presented.

Photographs to be presented under the preceding paragraph shall not be

mounted.

ART. III.—A person who desires to obtain the registration of a design which is similar to a registered design, or to a design pending application, belonging to him, and which is to be used with an identical article, shall apply for the registration as a similar design.

A person who applies for the registration of a similar design which is similar to a registered design and is to be applied to an identical article, shall present to the Director of the Patent Office an application accompanied by the registration certificate of such registered design.

When in the case mentioned in the preceding paragraph, the design in connection with which the application was made has been registered, the registration number thereof shall be entered in the registration certificate accompanying the application, and the registration certificate shall be returned after the Director of the Patent Office has signed his name and impressed his seal thereon.

ART. IV.-A person who requests that his design be kept secret in accordance with the provisions of Art. XVI. of the Design Law shall seal up the drawing or any other article which indicates the design, write in red ink thereon "Secret Design" and attach the same to the application.

ART. V.-A design to be kept secret may not be shown to any one other than the owner of the design right, excepting cases where a request has been made by a person who has obtained the consent of the owner of the design right or by a court of law, or where a request has been made by a party interested in the examination, re-examination, trial, or trial on appeal regarding such design.

ART. VI. With reference to a registered design to be kept secret when an interested party requests, by producing such design bearing the registration mark or anything else by which it may be sufficiently recognized, that he be informed of the existence of registration, the registration number, the date of registration, the article to which the design is to be applied, or the name, and domicile, residence or place of business of the owner of the design right, the Director of the Patent Office may grant such request.

ART. VII.—An application for registration in accordance with the provision of Art. VII. of the Design Law shall be accompanied by a copy of the first decision on the application for registration of a utility model.

ART. VIII.—The provisions of Art. LIII. of the Regulations for the Enforcement of the Patent Law shall be applicable mutatis mutandis to cases where an agreement among the interested parties is required in accordance with the provisions of Art. V. and proviso to Paragraph 2 of Art. VI. of the Design Law.

ART. IX. When it is desired to amend an application for the reason that the articles to which the design whose registration has been requested is to be applied cover two or more of the classes prescribed in Art. XIII., applications similar to the original one shall be presented for the articles belonging to the other classes, and the original application shall at the same time be amended.

ART. X.-In cases where a decision is rendered to the effect that a design applied for in accordance with the provision of Art. III. should be registered, the registration number, application number or distinguishing mark of the similar design shall be stated in the text of the decision.

ART. XI. Registration Certificates
Forms IV. to VII., inclusive, and the
his name and impress his seal thereon.
A registration certificate shall be accompanied by the drawing.

shall be made out in accordance with
Director of the Patent Office shall sign

ART. XII.-A design registration mark shall bear the words "Registered Design" and the registration number.

The design registration mark in the cases mentioned in Paragraph 4 of Art. LVI. of the Patent Law under Article XXII. of the Design Law shall bear the words "In Part" in addition to the inscription mentioned in the preceding paragraph.

ART. XIII.-An applicant shall designate the articles to which he intends to apply his design according to the following classification:

Class 1.-Clothing and Material for Clothing,-Garments, hakama, obi, eri, shawls, mufflers, etc.

Class 2-Head Ornaments, Dress Ornaments and Body Ornaments,-Combs, kanzashi, negake, breast ornaments, neckties, bracelets, rings, buttons, scarf pins, badges, etc.

Class 3-Time Pieces and Accessory Articles,-Watches, standing clocks, hanging clocks, chains, charms, etc.

Class 4-Umbrellas, Canes and Whips.

Class 5-Articles Carried on the Person,-Pocket-books, purses, card-cases, cigarette-cases and tobacco-pouches, pipes, pipe-cases, satchels, etc.

Class 6.-Furniture, Vessels for Drinking and Eating, Ornamental Furniture, Containers and Wrappers of Merchandise,-Shelves, tsukue, tansu, chairs, tables, bed-stead, gaku, folding-screens, single screens, stoves, hibachi, flower vases, zen, wan, dishes and plates, bowls, cups for drinking sake, vessels for serving sweetmeats, tea sets, coffee sets, bottles, cans, etc.

Class 7-Floor Coverings,-Cotton carpets, oil cloths, fancy mats, etc..

Class 8.—Stationery,-Suzuri, writing brush cases, pen racks, desk-screens, paper weights, solid ink rests, water-holders, material for making seals, ink-pads, bundai, suzuri-bako, writing brushes, solid ink, ink-stands, pen-holders, etc.

Class 9.-Lighting Apparatus,—Candlesticks, hand-candlesticks, toro, lamps, gas lamps, electric lamps, lanterns, lamp shades, lamp chimneys, etc.

Class 10.-Articles accessory to Buildings,-Shoji, fusuma, doors, ramma, bulstrades, hikite, kugikakushi, saku, etc.

Class II-Textiles, Knitworks, Braids and Articles made of the same, which do not belong to any other class,-Fukusa, handkerchiefs, table cloths, laces, haorihimo, obidome, braids for watches, tassels, etc.

Class 12-Head-gear,-Hats, caps, hoods, kasa, etc.

Class 13-Foot-gear and Accessory Goods,-Geta, zori, shoes, hanao, tsuma. gake, etc.

Class 14-Folding Fans and Round Fans.

Class 15-Musical Instruments, Toys and Articles for Use in Sports or Games.

Class 16.-Confectionery and other Cometibles.

Class 17-Paper, Hides, Leather, and Manufactures thereof which do not belong to any other class,-Figured paper, figured leather, imitation leather, paper for fusuma, wall paper, paper for book covers, wrapping paper, tanzaku, note paper, envelopes, etc.

Class 18-Glazed Earthen Ware, Porcelain, Unglazed Earthern Ware, Glass Ware, Cloisonné Ware, Bricks and Tiles which do not belong to any other class. Class 19.-Lacquer Wares, Varnished Wares, Painted Wares, etc., which do not belong to any other class.

Class 20.-Metal and Stone Goods not belonging to any other class.

Class 21. Articles made of Wood, Bamboo, Tortoise Shells, Horns, Tusks, Shells of Shell-fish, etc., which do not belong to any other class.

Class 22.-Articles not belonging to any other class.

ART. XIV. The design fee for the period from first to third year, inclusive, and the similar design fee shall be paid within sixty days from the day on which the delivery of the decision that registration should be made has been received.

ART. XV. The provisions of Articles I. to XXXIX., inclusive, Article XLIV., Article XLV., Articles XLVIII. to LII., inclusive, Article LVII., Article LX., Article LXVII, Article LXVIII., Articles LXX. to LXXXV., inclusive, Articles LXXXVII to XC., inclusive, and Article XCIII. of the Regulations for the Enforcement of the Patent Law are applicable mutatis mutandis to designs.

SUPPLEMENTARY CLAUSES.

ART. XVI. These Regulations take effect on the day of operation of the Design Law.

ART. XVII. The provisions of Article XII. are not applicable to design registration marks attached prior to the enforcement of these Rules.

ART. XVIII. The provision of Article XCVII. of the Regulations for the Enforcement of the Patent Law are applicable mutatis mutandis to designs.

ART. XIX.-With reference to the classification of articles to which are to be applied designs which have been registered, or on which a decision favouring registration has been rendered, prior to the enforcement of these Regulations, previous practices shall be followed even after the enforcement of these Regulations.

IMPERIAL ORDINANCE No. 295 OF OCT. 23, 1909.

With reference to registration regarding designs, Imperial Ordinance Governing Registration Regarding Patents is applicable mutatis mutandis.

In applying mutatis mutandis Imperial Ordinance Governing Registration Regarding Patents (to designs) in accordance with the provision of the preceding paragraph, the articles and paragraphs of the Patent Law quoted in the said Ordinance are in all respects the same as the articles and paragraphs of the Patent Law which are applicable (to designs) in accordance with the provisions of Paragraph 2 of Art. X. and Art. XXII. of the Design Law.

When to request registration of the transfer by division of a design right, the articles to which the design to be transferred is to be applied shall be stated in the request.

SUPPLEMENTARY RULES.

This Ordinance takes effect from the date of operation of the Design Law. The claims and the parts relating to the author of design in an application for the establishment of a design right which came into existence prior to the date of operation of the present Ordinance, and the drawings and the articles that take place of drawings are deemed to be a part of the old Design Register.

ORDINANCE OF THE DEPARTMENT OF AGRICULTURE AND
COMMERCE No. 47 OF OCT. 26, 1909.

ART. I. With reference to registration regarding designs, except in cases where there are provisions in these Regulations, the provisions of the Regulations