SOLE PARAGRAPH. Foreigners that, instead of depositing the certificate of registration made in their respective country, petition directly the registration of their mark in Brazil, shall enjoy the guaranties of the present law.

ART. 34. In case of compliance with requirements Nos. 2 to 4 of the preceding article, the provision in Art. 9, No. 3, shall have effect in favor of marks registered in foreign countries that have signed the convention promulgated by decree No. 9233 of June 28, 1884, or that have declared their adherence to it, for the space of four months, counting from the day when the registration is made according to local law.

ART. 35. The guarantees given by this law are applicable to the marks registered in conformity with former laws.

ART. 36. The Government shall revise Regulations No. 9828, of 1887, putting them in accord with the provisions of the present law.

ART. 37. Articles 353 to 355 of the Penal Code are hereby changed in accordance with the provision of Arts. 13, 14 and 15 of the present law.

ART. 38. All provisions to the contrary are hereby revoked.

BRITISH CENTRAL AFRICA PROTEC

TORATE (NYASALAND)

ORDINANCE NO. 9 [OF DECEMBER 4], 1903

Short title

1. This Ordinance may be cited as "The Patents, Designs, and Trade Marks Ordinance, 1903."

990

Registration. Substantive and Adjactive Law

2. The Registrar of the British Central Africa Protectorate shall be Registrar of Patents, Designs, and Trade Marks within the Protectorate, and shall for that purpose have all the powers and authority of the Comptroller-General of Patents in England under the Patents, Designs, and Trade Marks Act, 1883 to 1901, or under any statutes amending or substituted for the said statutes.

(a) Subject to the other provisions of this Ordinance, the procedure . . . in registering or opposing or amending the registration of .. a trade mark shall be that in force in England under the Patents, Designs, and Trade Marks Acts, 1883 to 1901, or under any statute amending or substituted for the said statutes.

(b) The definition of and the law relating to the subjectmatter of . . . trade marks and the definition of and the law relating to true and first . . . grantees, assignees, and licencees shall be those in force in England as aforesaid.

(c) The legal remedies of any person claiming an interest in any. . . trade mark shall be those in force in England as aforesaid, except that in the aforesaid statutes, "The Court" shall mean His Majesty's High Court of British Central Africa; the "Comptroller" shall mean the Registrar of British Central Africa Protectorate; the "Board of Trade" shall mean the Commissioner; "Law Officer" shall mean the Crown Prosecutor.

Fees, fines, penalties

4. The fees, fines, and penalties under this Ordinance shall be those in force in England from time to time.

* Provisions not relating to trade marks are omitted.

BRITISH GUIANA

ORDINANCE NO. 27 [OF NOVEMBER 24], 1914

Short Title

1. This Ordinance may be cited as The Trade Marks Ordinance, 1914.

A "mark" includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, or any combination thereof:

A "trade mark" means a mark used or proposed to be used upon or in connection with goods for the purpose of indicating that they are the goods of the proprietor of such trade mark by virtue of manufacture, selection, certification, dealing with or offering for sale:

A "registrable trade mark" means a trade mark which is capable of registration under this Ordinance:

"The Registrar" means the Registrar of British Guiana: "The seal of the Registrar" means the seal of the office in which the Register of Trade Marks is kept;

"The Register" means the register of trade marks kept under this Ordinance:

A "registered trade mark" means a trade mark which is actually upon the register:

"The Court" means the Supreme Court of British Guiana. SEAL

3. The Registrar shall use a seal having a device and impression of the Royal Arms with a label surrounding the same and the inscription "Registrar of Trade Marks, British Guiana," and the use of such seal from and after the first day of January, 1915, is hereby validated and authorized.

REGISTER OF TRADE MARKS

4. There shall be kept for the purposes of this Ordinance at the Office of the Registrar in Georgetown a book called the Register of Trade Marks, wherein shall be entered all registered trade marks with the dates of their registration, the names and addresses of their proprietors, notifications of assignments and transmissions, disclaimers, conditions, limitations, and such other matters relating to such trade marks as may be prescribed. The register shall be kept under the control and

management of the Registrar.

Trust Not To Be Entered on Register

5. There shall not be entered in the register any notice of any trust expressed, implied, or constructive, nor shall any such notice be receivable by the Registrar.

Inspection of and Extract from Register

6. The register shall during office hours 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 Registrar, of any entry therein shall be given to any person requiring the same on payment of the prescribed fee.

REGISTRABLE TRADE MARKS

Trade Mark Must Be for Particular Goods

7. A trade mark must be registered in respect of particular goods or classes of goods.

Registrable Trade Marks

8. A registrable trade mark must contain or consist of at least one of the following essential particulars:

(1) The name of a company, individual, or firm represented in a special or particular manner;

(2) The signature of the applicant for registration or of some predecessor in his business;

(3) An invented word or invented words;

(4) A word or words having no direct reference to the character or quality of the goods, and not being according to its ordinary signification a geographical name or a surname;

(5) Any other distinctive mark;

but a name, signature, or word or words, other than such as fall within the descriptions in the above paragraphs (1), (2), (3), and (4), shall not, except by order of the Court, be deemed a distinctive mark.

Provided always, that any special or distinctive word or words, letter, numeral, or combination of letters or numerals used as a trade mark by the applicant or his predecessors in business before the 13th August, 1875, which has continued to be used (either in its original form or with additions or alterations not substantially affecting the identity of the same) down to the date of the application for registration, shall be registrable as a trade mark under this Ordinance, if it is already registered in the United Kingdom as an old mark used before the said date.

For the purposes of this section "distinctive" shall mean adapted to distinguish the goods of the proprietor of the trade mark from those of other persons.

In determining whether a trade mark is so adapted, the Registrar may, in the case of a trade mark in actual use, take into consideration the extent to which such user has rendered such trade mark in fact distinctive for the goods with respect to which it is registered or proposed to be registered.

Coloured Trade Marks

9. A trade mark may be limited in whole or in part to one or more specified colours, and in such case the fact that it is so limited shall be taken into consideration by any Tribunal having to decide on the distinctive character of such trade mark. If and so far as a trade mark is registered without limitation of colour, it shall be deemed to be registered for all colours. Restriction on Registration

10. It shall not be lawful to register as a trade mark or part of a trade mark any matter the use of which would by reason of its being calculated to deceive or otherwise be disentitled to protection in a Court of Justice, or would be contrary to law or morality, or any scandalous design.

REGISTRATION OF TRADE MARKS

Application for Registration

11. (1) Any person claiming to be the proprietor of a trade mark who is desirous of registering the same must apply in writing to the Registrar in the prescribed manner.

(2) Subject to the provisions of this Ordinance the Registrar may refuse an application or may accept it absolutely or subject to conditions, amendments, or modifications.

(3) In case of any such refusal or conditional acceptance the Registrar shall, if required by the applicant, state in writing and communicate to the applicant the grounds of his decision and the materials used by him in arriving at the same, and such decision shall be subject to appeal to the Court. The Court shall, if required, hear the applicant and the Registrar, and shall make an order determining whether, and subject to what conditions, amendments, or modifications, if any, the application is to be accepted.

(4) Appeals under this section shall be heard on the materials so stated by the Registrar to have been used by him in arriving at his decision, and no further grounds of objection to the acceptance of the application shall be allowed to be taken by the Registrar, other than those stated by him, except by leave of the Court. Where any further grounds of objection are taken the applicant shall be entitled to withdraw his application without payment of costs on giving notice as herein prescribed.

(5) The Registrar or the Court, as the case may be, may