954

Standardisa-
tion, ete., of
trade marks.

Registration
to be equal
to public use.

Right of first
proprictor to
exclusive use
of trade
mark.

Infringement
of a trade
mark.

Ch. 31. No. 18.) 9 Patents, Designs and Trade Marks.

same name to use that name or the foreign equivalent
thereof,

(3) Any device, mark, brand, heading, label, ticket,
letter, word, figure, or combination of letters, words, or
figure. which was or were, before the 13th of August,
1875, publicly used by more than three persons in the Colony
or elsewhere, 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.

43. Where any association or person undertakes the
sxamination of any goods in respect of origin, material,
mode of manufacture, quality, accuracy, or other character-
istic, and certifies the result of such examination by mark
used upon or in connection with such goods, the Governor
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 certifving. 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.

44. Application for registration of a trade mark shall be
deemed to be equivalent to public use of the trade mark,
and the date of the application shall for the purposes of
this Ordinance be deemed to be the date of the registration.

45. The registration of a person as proprictor of a trade
mark shall be primd facte evidence of his right to the
exclusive use of the trade mark, and shall, after the expira-
tion of five vears 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.

46. The infringement of a trade mark may be restrained,
and damages for such infringement recovered in an action
in the Court, if such trade mark has been registered, or if