Patents, Designs and Trade Marks. [Ch. 31. No. 18.

any of them until their rights have been determined by the
Court,

40. (1) Except where the Court has decided that two or
more persons are entitled to be registered as proprictors of
the same trade mark, the Registrar shall not register in
respect of the same goods or description of goods a trade
murk identical with one already on the register with respect
to such goods or description of goods.

(2) Except as aforesaid the Registrar shall not
register with respect to the same goods or description of
goods a trade mark having such resemblance to a trade mark
ready on the register with respect to such goods or
description of goods as to be calculated to deceive.

41. It shall not be lawful to register as part of or in
combination with a trade mark any words the use of which
would by reason of their being calculated to deceive or
otherwise, be deemed disentitled to proteetion in any court
of justice in England,

42. (1) Nothing in this Ordinance shall be construed to
prevent the Registrar entering on the register, in- the
preseribed manner, and subject to the prescribed conditions,
as an addition to any trade mark, any distinctive word or
combination of words, or, in the case of a trade mark used
before the 13th of August, 1875, in the Colony or elsewhere,
any distinctive device, mark, brand, heading, label, ticket,
letter or figure, or combination of letters, words, or figures,
though the same is common to the trade in the goods with
Tespect to which the application is made.

(2) The applicant for registration of any such
addition must, however, state in his application the
sssential particulars of the trade mark, and must disclaim
in his application any right to the exclusive use of the added
matter, and a copy of the statement and disclaimer shall be
entered on the register: Provided that a person need not
under this section disclaim his own name or the foreign
equivalent thereof or his place of business, but no entry of
any such name shall affect the right of any owner of the

953

Restrictions
on registra-
tion.

Resemblance
likely to

deceive.

Words
likely to

deceive.

Entry of
common
marks as
additions to
trade marks.