or figures, or of letters and figures, used as a trade mark, either in the Colony, or elsewhere, before the thirteenth day of August, 1875, may be registered as a trade mark. ADVERTISEMENT OF APPLICATION. 7. Section 33 of the Principal Ordinance is hereby repealed, and in lieu thereof shall be read the following: 33. Every application for registration of a trade mark under this Ordinance shall as soon as may be after its receipt be advertised by the Registrar in the Royal Gazette of the Colony, unless he shall refuse to entertain the application. RESTRICTIONS ON REGISTRATION. 8. Section 36 of the Principal Ordinance is hereby repealed, and in lieu thereof shall be read the following: 36-(1.)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 Registrar 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.) 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 already on the register with respect to such goods or description of goods as to be calculated to deceive. WORDS LIKELY TO DECEIVE NOT TO BE REGISTERED. 9. Section 37 of the Principal Ordinance is hereby repealed, and in lieu thereof shall be read the following: 37. 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 protection in an English Court of Justice. 10. Sub-section (2) of Section 38 of the Principal Ordinance is hereby repealed, and in lieu thereof shall be read the following: (2.) The applicant for registration of any such addition must however state in his application the essential 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 same name to use that name or the foreign equivalent thereof. APPLICATION TO EQUAL PUBLIC USE OF TRADE MARK. 11. After Section 38 of the Principal Ordinance shall be read the following: 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, and as from the first day of January, 1876, to have been the date of the registration. PLAINTIFF TO HAVE FULL COSTS IN SUBSEQUENT ACTION. 12. After Section 40 of the Principal Ordinance shall be read the following: In an action for infringement of a registered trade mark the Court or a Judge may certify that the right to the exclusive use of the trade mark came in question, and if the Court or a Judge so certifies, then in any subsequent action for infringement the plaintiff in that action, on obtaining a final order or judgment in his favour, shall have his full costs, charges, and expenses as between solicitor and client, unless the Court or Judge trying the subsequent action certifies that he ought not to have the same. REMOVAL OF TRADE MARK AFTER FOURTEEN YEARS UNLESS FEE PAID. 13. Section 43 of the Principal Ordinance is hereby repealed, and in lieu thereof shall be read the following: 43 (1.) At the expiration of fourteen years from the date of the registration the trade mark shall be removed from the register unless the proprietor pays to the Registrar before the expiration of such fourteen years the prescribed fee, and so from time to time at the expiration of every period of fourteen years. Provided that three months at least before the expiration of such period the Registrar shall give due notice of such approaching expiration to the proprietor of such trade mark. (2.) Where after the said three months a trade mark has been removed from the register for non-payment of the prescribed fee, the Registrar may, if satisfied that it is just so to do, restore such trade mark to the register on payment of the prescribed additional fee. (3.) 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 one year next after the date of such removal, be deemed to be a trade mark which is already registered, unless it is shown to the satisfaction of the Registrar that the non-payment of the fee arises from the death or bankruptcy of the registered proprietor, or from his having ceased to carry on business, and that no person claiming under that proprietor or under his bankruptcy is using the trade mark. ENTRY OF ASSIGNMENTS AND TRANSMISSIONS IN REGISTERS. 14. Section 47 of the Principal Ordinance is hereby repealed, and in lieu thereof shall be read the following: 47. Where a person becomes entitled by assignment, transmission, or other operation of law to a patent, or to the copyright in a registered design, or to a registered trade mark, the Registrar shall, on request, and on proof of title, cause the name of such person to be entered as proprietor of the patent, copyright in the design, or trade mark, in the register of patents, designs, or trade marks, as the case may be. The person for the time being entered in the Registrar of patents, designs, or trade marks, as proprietor of a patent, copyright in a design, or trade mark, as the case may be, shall subject to the provisions of this Ordinance and to any rights appearing from such register to be vested in any other person, have power absolutely to assign, grant licenses as to, or otherwise deal with the same, and to give effectual receipts for any consideration for such assignment, license or dealing. Provided that any equities in respect of such patent, design or trade mark may be enforced in like manner as in respect of any other personal property: Provided also that the priority of all assignments and charges shall, as regards purchasers for value without notice, be determined by priority of registration. AMENDMENT OF APPLICATION. 16. After Sub-section (c) of Section 49 of the Principal Ordinance shall be read the following: (d.) Permit an applicant for registration of a design or trade mark to amend his application by omitting any particular goods or classes of goods in connection with which he has desired the design or trade mark to be registered. Patent Agents and Solicitors. WILLIAM EVARTS RICHARDS, WILLIAM WALLACE WHITE, ATTORNEYS AND COUNSELLORS AT LAW, Members Patent Law Association of Washington. Foreign Members Syndicat des Ingénieurs-Conseils of France.-Foreign Members Australasian Institute of Patent Agents. CABLE ADDRESSES: New York: "Richpatent, Newyork." Washington: "Richards, Washington." ABC CODE-4TH EDITION. TELEPHONE, 1801 FRANKLIN (LONG DISTANCE). BANKERS: THE SEABOARD NATIONAL BANK OF NEW YORK. OFFICES: No. 305-309 Broadway, New York, N. Y. New York, August, 1898. ADDENDA No. 50. COLOMBIA-TRADE MARKS. A book for the official registry of trade marks has been opened recently in the Ministry of Finance, and trade marks may now be registered in this country. This registration is not due to the passage of any special law upon the subject, or Executive decree, but is the result of an order of the Minister of Finance, who by this means affords trade mark owners a way of securing some official proof of the ownership of their trade marks, until Congress law upon the subject. This law is now being prepared, and it is expected will be passed at the coming session. can pass a Our charge for the registration of trade marks in Colombia until further notice will be $50.00. DOCUMENTS REQUIRED. 1. Power of Attorney, signed by the applicant, and legalized by a Consul of Colombia. 2. A description of the mark, containing the full name, address and occupation of the owner, and a statement of the manner in which the mark is used and employed. No signatures required. 3. A wood cut or electrotype of the mark. 4. Six facsimiles of the mark. |