Designs and Trade Marks Act 1884 (WA)
WESTERN AUSTRALIA
ANN() QUADRAGESIMO OCTAVO
VICTORIA; REGIME
No. 7
An Act to regulate the Registration of Designs and of
Trade Marks in the Colony of Western Australia.
[Assented to 27th August, 1884.
| Legislative Council thereof, as follows :— | BE it enacted by His Excellency the Governor of Western Australia | and its Dependencies, by and with the advice and consent of the |
PART I.—PRELIMINARY
I. This Act may be cited as The Designs and Trade Marks Act, short [We
1884.'
| 2. This Act is divided into parts, as follows :— | Division of Act |
| into parts |
PART I.—PRELIMINARY
PART II.—DESIGNS
PART IM—TRADE MARKS;
PART IV.—GENERAL.
3. This Act shall come into operation on the first day of January, Commencement
1885. of Act
PART IL—DEsIGNs
REGISTRATION OF DESIGNS
| of any person claiming to be the proprietor of any new or original =get:twit of | 4. (1) The Colonial Secretary may, on application by or on behalf Application for |
design not previously published in Western Australia, register the
design under this part of this Act.
(2) The application must be made in the form set forth in the Schedule to this Act, or in such other form as may be from time to time prescribed, and must be left at or sent by post to the Colonial Secretary's Office in the prescribed manner.
(3) The application must contain a statement of the nature of the design and the class or classes of goods in which the applicant desires that the design be registered.
48 VICTORDE. No. T
Designs and Trade Marks
(4) The same design may be registered in more than one class.
(5) In case of doubt as to the class in which a design ought to be registered, the Governor may decide the question.
(6) The Colonial Secretary may, if he thinks fit, refuse to register any design presented to him for registration ; but any person aggrieved by any such refusal may appeal therefrom to the Governor in Executive Council.
(7) The Governor in Council shall, if required, hear the appeal, and may make an order determining whether, and subject to what conditions, if any, registration is to be permitted.
| Drawings, &c., to 5. (1) On application for registration of a design, the applicant | be furnished on |
| application shall furnish to the Colonial Secretary the prescribed number of copies |
of drawings, photographs, or tracings of the design, sufficient in the opinion of the Colonial Secretary for enabling him to identify the design ; or the applicant may, instead of such copies, furnish exact representations or specimens of the design.
(2) The Colonial Secretary may, if he thinks fit, refuse any drawing, photograph, tracing, representation, or specimen which is not in his opinion suitable for the official records.
| Certificate of | 6. (1) The Colonial Secretary shall grant a certificate of registra- (2) The Colonial Secretary may, in case of loss of the original certificate, or in any other case in which he deems it expedient, grant. a copy or copies of the certificate. |
| registration | tion to the proprietor of the design, when registered. |
COPYRIGHT IN REGISTERED DESIGNS
| Copyright on | 7. (1) When a design is registered, the registered proprietor of the, (2) Before delivery on sale of any articles to which a registered design has been applied, the proprietor must (if exact representations or specimens were not furnished on the application for registration) furnish to the Colonial Secretary the prescribed number of exact repre- sentations or specimens of the design ; and if he fails to do so, the Colonial Secretary may erase his name from the register, and there- upon his copyright in the design shall cease. |
| registration | design shall, subject to the provisions of this Act, have copyright in the design during five years from the date of registration. |
| Marking regis- | 8. Before delivery on sale of any articles to which a registered design has been applied, the proprietor of the design shall cause each such article to be marked with the prescribed mark or with the pre- scribed word or words or figures denoting that the design is registered ; and if he fails to do so, the copyright in the design shall cease, unless the proprietor shows that he took all proper steps to ensure the marking of the article. |
| tered designs |
| Inspection of | 9. |
(1) During the existence of copyright in a design, the design shall not be open to inspection except by the proprietor or by a person authorised in writing by the proprietor, or by a person authorised by the Colonial Secretary or by the Court, and furnishing such informa- tion as may enable the Colonial Secretary to identify the design ; nor except in the presence of the Colonial Secretary or of an officer acting under him ; nor except on payment of the prescribed fee ; and the
registered
designs
48 VICTORIIE. No. 7
Designs and Trade Marks
person making the inspection shall not be entitled to take any copy of
the design or of any part thereof.
(2) When the copyright in a design has ceased, the design shall be open to inspection, and copies thereof may be taken by any person, on payment of the prescribed fee.
10. On the request of any person producing a particular design, Information as
| together with its mark of registration, or producing only its mark of tooDie | rtutiir `of |
| registration, or furnishing such information as may enable the Colonial Secretary to identify the design, and on payment of the prescribed fee, it shall be the duty of the Colonial Secretary to inform such person whether the registration still exists in respect of such design, and if so in respect of what classes of goods, and stating also the date of registration and the name and address of the registered proprietor. |
11. If a registered design is used in manufacture in any foreign Sesser. of copy:
| country or colony and is not used in this Colony within six months of r | r certain |
| its registration in this Colony, the copyright in the design shall cease. |
REGISTER OF DESIGNS
| 12. (1) There shall be kept at the Colonial Secretary's Office a book called the Register of Designs, wherein shall be entered the | Register of |
| designs | |
| names and addresses of proprietors of registered designs, notifications of assignments and of transmissions of registered designs, and such other matters as may from time to time be prescribed. | |
| (2) The register of designs shall be prima facie evidence of any matters by this Act directed or authorised to be entered therein. |
FEES
| 13. There shall be paid, in respect of applications and registration | Fees on regis. |
| and other matters under this part of this Act, such fees as may be | tration, &e. |
| from time to time prescribed, and such fees shall be levied and paid to the account of Her Majesty's Colonial Government, in such manner as the Governor shall from time to time direct. |
INDUSTRIAL AND INTERNATIONAL EXHIBITIONS
| 14. The exhibition at an industrial or international exhibition, or the exhibition elsewhere during the period of the holding of the exhi- | Exhibition atindustrial or |
| international | |
| bition, without the privity or consent of the proprietor of a design, or | exhibition not toprevent or invali. |
| of any article to which a design is applied, or the publication during | date registration |
| the holding of any such exhibition of a description of a design, shall not prevent the design from being registered, or invalidate the regis- tration thereof ; provided that both the following conditions are com- plied with, namely :- |
(a) The exhibitor must, before exhibiting the design or article, or publishing a description of the design, give the Colonial Secretary the prescribed notice of his intentions to do so ; and
The application for registration must be made before or
| (b) | within six months from the date of the opening of the |
exhibition.
48 VICTORIiE. No. 7
Designs and Trade Marks
LEGAL PROCEEDINGS
| Penalty on | 15. During the existence of copyright in any design |
| piracy of regis- |
| tered design | (a) It shall not be lawful for any person, without the license or written consent of the registered proprietor, to apply such design or any fraudulent or obvious imitation thereof, in the class or classes of goods in which such design is registered, for purposes of sale, to any article of manu- facture, or to any substance, artificial or natural, or partly artificial and partly natural ; and |
| (b) It shall not be lawful for any person to publish or expose for sale any article of manufacture or any substance to which such design or any fraudulent or obvious imitation thereof shall have been so applied, knowing that the same has been so applied without the consent of the registered proprietor. |
Any person who acts in contravention of this section shall be liable for every offence to forfeit a sum not exceeding Fifty pounds to the registered proprietor of the design, who may recover such sum as a simple contract debt by action in any court of competent jurisdiction.
| Action for | 16. Notwithstanding the remedy given by this Act for the re- covery of such penalty as aforesaid, the registered proprietor of any design may (if he elects to do so) bring an action for the recovery of any damages arising from the application of any such design, or of any fraudulent or obvious imitation thereof, for the purpose of sale, to any article of manufacture or substance, or from the publication, sale, or exposure for sale by any person of any article or substance to which such design or any fraudulent or obvious imitation thereof shall have been so applied, such person knowing that the proprietor has not given his consent to such application. |
| damages |
DEFINITIONS
| Definition of | 17. In and for the purposes of this Act- |
• design," copy-
| right' | ' Design ' means any design applicable to any article of manu- facture, or to any substance, artificial or natural, or partly artificial and partly natural, whether the design is appli- cable for the pattern or for the shape or configuration, or for the ornament thereof, or for any two or more of such purposes and by whatever means it is applicable, whether by printing, painting, embroidering, weaving, sewing, modelling, casting, embossing, engraving, staining, or any other means whatever, manual, mechanical, or chemical, separate or combined, not being a design for a sculpture or other thing within the protection of the Sculpture Copy- right Act of the year 1814 (54th George III. chapter 56). |
| Copyright ' means the exclusive right to apply a design to any article of manufacture or to any such substance as aforesaid in the class or classes in which the design is registered. |
48 VICTORDE. No. 7
Designs and Trade Marks
| the proprietor thereof, unless he executed the work on behalf of an- `proprietor' | 18. The author of any new and original design shall be considered Definition of |
other person for a good or valuable consideration, in which case such person shall be considered the proprietor ; and every person acquiring for a good or valuable consideration a new and original design or the right to apply the same to any such article or substance as aforesaid, either exclusively of any other person or otherwise, and also every person on whom the property in such design or such right to the application thereof shall devolve, shall be considered the proprietor of the design in the respect in which the same may have been so acquired and to that extent, but not otherwise.
PART III.—TRADE MARKS
REGISTRATION OF TRADE MARKS
| 19. (1) The Colonial Secretary may, on application by or on behalf of any person claiming to be the proprietor of a trade mark, register the trade mark. | registration |
| Application for | |
| (2) The application must be made in the form set forth in the First Schedule to this Act, or in such other form as may be from time to time prescribed, and must be left at or sent by post to the Colonial Secretary's Office in the prescribed manner. | |
| (3) The application must be accompanied by the prescribed number of representations of the trade mark, and must state the par- ticular goods or classes of goods in connection with which the appli- cant desires the trade mark to be registered. | |
| (4) The Colonial Secretary may, if he thinks fit, refuse to register a trade mark; but any such refusal shall be subject to appeal to the Governor in Council, who shall, if required, hear the case, and may make an order determining whether, and subject to what condi- tions, if any, registration is to be permitted. | |
| (5) The Governor in Council may, however, if it appears ex- pedient, refer the appeal to the Court ; and in that event the Court shall have jurisdiction to hear and determine the appeal, and may make such order as aforesaid. | |
| 20. Where registration of a trade mark has not been or shall not be completed within twelve months from the date of the application, | Limit of time for |
| proceeding with | |
| application | |
| by reason of default on the part of the applicant, the application shall be deemed to be abandoned. | |
| 21. (1) For the purposes of this Act, a trade mark must con- sist of or contain at least one of the following essential particulars :— | registration of |
| Conditions of | |
| trade mark |
(a) A name of an individual or firm printed, impressed, or
woven in some particular and distinctive manner ; or
(b) A written signature or copy of a written signature of the individual or firm applying for registration thereof as a trade mark ; or
(c) A distinctive device, mark, brand, heading, label, ticket,
or fancy word or words not in common use.
(2) There may be added to any one or more of these particulars, any letters, words, or figures, or combination of letters, words, or figures, or of any of them.
48 VICTORI2E. No. 7
Designs and Trade Marks
| Connection of | 22. A trade mark must be registered for particular goods or classes |
| trade mark with of goods. | goeds |
| Registration of a 23. When a person, claiming to be the proprietor of several trade | |
| series of marks, marks which, while resembling each other in the material particulars |
thereof, yet differ in respect of (a) the statement of the goods for which they are respectively used or proposed to be used, or (b) statements of numbers, or (c) statements of price, or (el) statements of quality, or
(e) statements of names of places, seeks to register such trade marks,
they may be registered as a series in one registration. A series of trade marks shall be assignable and transmissible only as a whole ; but, for all other purposes, each of the trade marks composing a series shall be deemed and treated as registered separately.
| Trade marks may | 24. A trade mark may be registered in any colour, and such registra- tion shall (subject to the provisions of this Act) confer on the registered owner the exclusive right to use the same in that or any other colour. |
| be registered in | |
| any co/our |
| Advertisement | 25. Every application for registration of a trade mark under this |
| of application | part of this Act shall, as soon as may be after its receipt, be advertised in the Government Gazette' by the Colonial Secretary. |
Opposition to 26. (1) Any person may, within two months of the first advertise-
registration ment of the application, give notice, in duplicate, at the Colonial
Secretary's Office of opposition to registration of the trade mark, and the Colonial Secretary shall send one copy of such notice to the applicant.
(2) Within two months after receipt of such notice, or such further time as the Colonial Secretary may allow, the applicant may send to the Colonial Secretary a counter statement, in duplicate, of the grounds on which he relies for his application, and if he does not do so shall be deemed to have abandoned his application.
(3) If the applicant sends such counter statement, the Colonial Secretary shall furnish a copy thereof to the person who gave notice of opposition, and shall require him to give security in such manner and to such amount as the Colonial Secretary may require for such costs as may be awarded in respect of such opposition ; and if such security is not given within fourteen days after such requirement was made, or such further time as the Colonial Secretary may allow, the opposition shall be deemed to be withdrawn.
(4) If the person who gave notice of opposition duly gives such security as aforesaid, the Colonial Secretary shall inform the applicant thereof in writing, and thereupon the case shall be deemed to stand for the determination of the Court.
| Assignment and | 27. A trade mark when registered shall be assigned and transmitted only in connection with the good-will of the business concerned in the particular goods or classes of goods for which it has been registered, and shall be determinable with that good-will. |
| transmission of | |
| trade mark | |
| Conflicting | |
| claims to regis- | 28. Where each of several persons claims to be registered as proprietor of the same trade mark, the Colonial Secretary may refuse to register any of them until their rights have been determined according to law, and the Colonial Secretary may himself submit, or require the claimants to submit their rights to the Court. |
| tration |
| Restrictions on | 29. | (1) Except where the Court has decided that two or more |
| registration | persons are entitled to be registered as proprietors of the same trade |
48 VICTORIE. No. 7
Designs and Trade Marks
mark, the Colonial Secretary 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) The Colonial Secretary shall not register, with respect to the same goods or description of goods, a trade mark so nearly resembling a trade mark already on the register, with respect to such goods or description of goods, as to be calculated to deceive.
| 30. It shall not be lawful to register, as part of, or in combination with a trade mark, any words the exclusive use of which would, | tion on regis. |
| Further restric- | |
| Cation | |
| by reason of their being calculated to deceive or otherwise, be deemed disentitled to protection in a court of justice, or any scandalous design. |
| Colonial Secretary entering on the register, in the prescribed manner to Providefay te | 31. (1) Nothing in this Act shall be construed to prevent the s ayffig forpower |
and subject to the prescribed conditions, as an addition to any trade of common
mark, any distinctive word or combination of words though the same 1seniriekstgstgfei.
is common to the trade in the goods with respect to which the marks
application is made.
(2) The applicant for entry of any such common particular or particulars must, however, disclaim in his application any right to the exclusive use of the same, and a copy of the disclaimer shall be entered on the register.
(3) Any word or combination of words which was or were, before the commencement of this Act, publicly used by more than three persons 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.
EFFECT OF REGISTRATION
32. Registration of a trade mark shall be deemed to be equivalent Registration
equivalent to
| to public use of the trade mark. | public use |
33. The registration of a person as proprietor of a trade mark shall night of first
| be prima fade evidence of his right to the exclusive use of the trade 1:,Itt | egeitevto | eruteoe or |
mark, and shall after the expiration of five years from the date of the trade mark
registration be conclusive evidence of his right to the exclusive use of
the trade mark, subject to the provisions of this Act.
34. A person shall not be entitled to institute any proceedings to Restrictions on
| prevent, or to recover damages for, the infringement of a trade mark, actions | t | feottrti]elt-et |
| unless, in the case of a trade mark capable of being registered under on defence to | i | ll | ce | rtain |
| this | s Act, it has been registered in pursuance of this Act. | case |
REGISTER OF TRADE MARKS
35. There shall be kept at the Colonial Secretary's Office a book Register of trade
called the Register of Trade Marks, wherein shall be entered the mark,
names and addresses of proprietors of registered trade marks, notifi-
cations of assignment and of transmissions of trade marks, and such
other matters as may be from time to time prescribed.
36. (1) At a time not being less than two months nor more than Removal of trade
| three months before the expiration of fourteen years from the date of | rakyaoa | l trel unjeg; |
registration of a trade mark, the Colonial Secretary shall send notice to fee Paid
the registered proprietor that the trade mark will be removed from the
48 VICTORI.E. No. 7
Designs and Trade Marks
register unless the proprietor pays to the Colonial Secretary before the expiration of such fourteen years (naming the date at which the same will expire) the prescribed fee, and if such fee be not previously paid he shall, at the expiration of one month from the date of the giving of the first notice, send a second notice to the same effect.
(2) If such fee be not paid before the expiration of such fourteen years, the Colonial Secretary may, after the end of three months from the expiration of such fourteen years, remove the mark from the register, and so from time to time at the expiration of every period of fourteen years.
(3) If before the expiration of the said three months the registered proprietor pays the said fee, together with the additional prescribed fee, the Colonial Secretary may, without removing such trade mark from the register, accept the said fee as if it had been paid before the expiration of the said fourteen years.
(4) Where after the said three months a trade mark has been removed from the register for non-payment of the prescribed fee, the Colonial Secretary may, if satisfied that it is just so to do, restore such trade mark to the register, on payment of the prescribed additional fee.
(5) 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 purposes of any application for registration during the five years next after the date of such removal, be deemed to be a trade mark which is already registered.
FEES
| Fees far regis- | 37. There shall be paid, in respect of applications and registration and other matters under this part of this Act, such fees as may be from time to time prescribed, and such fees shall be levied and paid to the account of Her Majesty's Colonial Government, in such manner as the Governor shall from time to time direct. |
| tration, dm. |
PART IV.—GENERAL
| Trust not to be | 38. There shall not be entered in any register kept under this Act, |
| entered on |
| registers | or be receivable by the Colonial Secretary, any notice of any trust expressed, implied, or constructive. |
| Refusal to regis- |
| ter in certain | 39. The Colonial Secretary may refuse to register a design or |
| cases | trade mark of which the use would, in his opinion, be contrary to law or morality. |
| Entry of assign- | |
| ments and trans- | 40. Where a person becomes entitled by assignment, transmission, registered trade mark, the Colonial Secretary shall, on request and on proof of title to his satisfaction, cause the name of such person to be entered as proprietor of the copyright in the design or trade mark in the register of designs or trade marks, as the case may be. The person for the time being entered in the register of designs or trade marks as proprietor of a copyright in a design or trade mark, as the case may be, shall, subject to any rights appearing from such register to be vested in any other person, have power absolutely to |
| missions in | or other operation of law to the copyright in a registered design or to a |
| registers |
48 VICTORIE. No. 7
Designs and Trade Marks
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 design or trade mark may be enforced in like manner as in respect of any other personal property.
| 41. Every register kept under this Act shall at all convenient times be open to the inspection of the public, subject to such regula- | Inspection ofand extracts |
| from registers | |
| tions as may be prescribed, and certified copies, sealed with the public seal of the Colony, of any entry in any such register shall be given to any person requiring the same, on payment of the prescribed fee. | |
| 42. Printed or written copies or extracts purporting to be certified by the Colonial Secretary and sealed with the seal of the Colony of or | Sealed copies to |
| be received in | |
| evidence | |
| from registers and other books kept there shall be admitted in evidence in all courts in the Colony and in all proceedings without further proof or production of the originals. | |
| 43. (1) The Court may, on application of any person aggrieved by the omission, without sufficient cause, of the name of any person | Rectification of registers by |
| Court | |
| from any register kept under this Act or by any entry made without sufficient cause in any such register, make such order for making, expunging, or varying the entry as the Court thinks fit ; or the Court may refuse the application, and in either case may make such order with respect to the costs of the proceedings as the Court thinks fit. | |
| (2) The Court may in any proceedings under this section decide any question that it may be necessary or expedient to decide for the rectification of a register, and may direct an issue to be tried for the decision of any question of fact, and may award damages to the party aggrieved. | |
| (3) Any order of the Court rectifying a register shall direct that due notice of the rectification be given to the Colonial Secretary. | |
| 44. The Colonial Secretary may, on request in writing, accom- panied by the prescribed fee | Power for Colo-nial Secretary to |
| correct clerical errors |
(a) Correct any clerical error in or in connection with au appli-
cation for a registration of a design or trade mark ; or
(b) Correct any clerical error in the name, style, or address of
the registered proprietor of a design or trade mark ; or
(e) Cancel the entry or part of the entry of a trade mark on the register. Provided that the applicant accompanies his request by a statutory declaration made by himself stating his name, address, and calling, and that he is the person whose name appears on the register as the proprietor of the said trade mark.
| 45. (1) The | renistered proprietor of any registered trade mark Alteration of |
| may apply to the Court for leave to add to or alter such mark in any registered marks | a |
particular, not being an essential particular, within the meaning of this Act, and the Court may refuse or grant leave on such terms as it may think fit.
(2) Notice of any intended application to the Court under this
section shall be given to the Colonial Secretary by the applicant, and
the Colonial Secretary shall be entitled to be heard on the application.
(3) If the Court grants leave, the Colonial Secretary shall on
48 VICTORI.E. No. 7
Designs and Trade Marks
proof thereof, and on payment of the prescribed fee, cause the register
to be altered in conformity with the order of leave.
Falsification of
| entries in | 46. If any person makes or causes to be made a false entry in any register kept under this Act, 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 misdemeanour, and shall be liable on conviction thereof to be imprisoned for any term not exceeding 12 months. |
| registers |
| Exorcise of dis- | 47. Where any discretionary power is by this Act given to the |
crti on"Y Pmver Colonial Secretary, he shall not exercise that power adversely to theby Coial
Secretary applicant for registration of a trade mark or design without (if so
required within the prescribed time by the applicant) giving the
applicant an opportunity of being heard personally or by his agent.
Penverof Colonial 48. The Colonial Secretary may, in any case of doubt or difficulty
Secretary to take „,;
directions of Law arising in the administration of any of the provisions of this Act,
Officers apply to the Attorney General or to the Crown Solicitor for advice in
the matter.
| tAry to beColonial Sem- Secretary, as to any entry, matter, or thing which he is authorised | Certificate of 49. A certificate, purporting to be under the hand of the Colonial |
| evidence by this Act, or any general rules made thereunder, to make or do shall be prima facie evidence of the entry having been made and of the contents thereof, and of the matter or thing having been done or left |
undone.
Applications and50. (1) Any application, notice, or other document authorised or notices by post required to be left, made, or given at the Colonial Secretary's Office
or to the Colonial Secretary, or to any other person under this Act, may be sent by a prepaid letter through the post, and if so sent shall be deemed to have been left, made, or given respectively at the time when the letter containing the same would be delivered in the ordinary course of post.
(2) In proving such service or sending, it shall be sufficient to prove that the letter was properly addressed and put into the post.
| Provision as to | 51. Whenever the last day fixed by this Act or by any rule for the Colonial Secretary's Office shall fall on any bank holiday or any day observed as a day of public fast or thanksgiving (herein referred to as excluded days), it shall be lawful to leave such document or to pay such fee on the day next following such excluded day or days if two or more of them occur consecutively. |
| Mott | rg time being in force for leaving any document or paying any fee at the |
(aces
Declaration by
| infants, mantic, | 52. If any person is by reason of infancy, lunacy, or any other inability incapable of making any declaration or doing anything required or permitted by this Act, or by any rules made under the authority of this Act, then the guardian or committee (if any) of such incapable person, or if there be none, any person appointed by any Court or Judge possessing jurisdiction in respect of the property of incapable persons, upon the petition of any person on behalf of such incapable person or of any other person interested in the making such declaration or doing such thing, may make such declaration or a declaration as nearly corresponding thereto as circumstances permit and do such thing in the name and on behalf of such incapable |
| d‘c. |
48 VICTORIzE. No. 7
Designs and Trade Marks
person ; and all acts done by such substitute shall for the purpose of this Act be as effectual as if done by the person for whom he is substituted.
53. (1) The Governor in Executive Council may from time to time Power for
| make such general rules and do such things as he may think expedient, maker son et o | r id |
| subject to the provisions of this Act :— | rules for classi- |
| fying goods and |
| (a) For regulating the practice of registration and the fees regulating busi- | ness of Registry |
| payable under this Act. | Office |
(b) For classifying goods for the purpose of designs and
trade marks.
(c) Generally for regulating the business of the Office of Registry and all things by this Act placed under the direction or control of the Colonial Secretary.
(2) Any of the forms in the First Schedule to this Act may be altered or amended by rules made by the Governor as aforesaid.
(3) General rules made under this section shall (subject as
hereinafter mentioned) be of the same effect as if they were contained
| in this Act, and shall be , | udicially noticed. |
(4) Any rules made in pursuance of this section shall be laid before the Legislative Council, if the said Council be in Session at the time of making thereof, or if not then as soon as practicable after the beginning of the then next Session ; and they shall also be advertised twice in the Government Gazette' of the said Colony.
(5) If the Council, within the next forty days after any rules have been so laid before it, resolves that such rules or any of them ought to be annulled, the same shall after the date of such resolution be of no effect, without prejudice to the validity of anything done in the meantime under such rules or rule, or to the making of any new rules or rule.
54. The Colonial Secretary shall in every year cause a report .tnnuai reports
respecting the execution by or under him of this Act to be laid ;V41; I
before the Legislative Council, and therein shall include for the year
to which each report relates all general rules made in that year
under or for the purposes of this Act and an account of all fees,
salaries and allowances, and other money received and paid under
this Act.
Registration of
designs and trade
| 55. [Repealed by 58 Vic., No. 4.] | arks already other countries | |
|
OFFENCES
56. (1) Any person who describes any design or trade mark PenAlty for
applied by him to any article sold by him as registered which is
| not so registered shall be liable for every offence, on summary con- to ha patented | is=;eal%-ies |
| viction thereof before any Resident or Police Magistrate, or before any two or more Justices of the Peace in Petty Sessions, to a penalty not exceeding Five pounds, recoverable according to the provisions of the Acts in that behalf. | |
| (2) A person shall be deemed for the purposes of this enact- ment to represent that a design or trade mark is registered if he sells the article with the word 'registered,' or with any word or |
48 VICTORIA. No. 7
Designs and Trade Marks
words expressing or implying that a registration has been obtained for the article, stamped, engraved, or impressed on, or otherwise applied to the article.
GENERAL DEFINITIONS
| General | 57. In and for the purposes of this Act, unless the context ' Person ' includes a corporation. The Court' means the Supreme Court of Western Australia. Prescribed' means prescribed by general rules under or within |
| definitions | otherwise requires- |
the meaning of this Act.
F. NAPIER BROOME,
GOVERNOR.
SCHEDULE
FORM A
Form of Application, for Registration of Design
| day of | 18 |
| You are hereby requested to register the accompanying | design in |
| Class | in the name of | of | who claims to be the pro- |
prietor thereof, and to return the same to
Statement of nature of Design
| Registration Fees enclosed | s. | d. |
(Signed)
To the Honourable the Colonial Secretary, Perth.
FORM B
Form of Application for Registration of Trade Mark
(One representation to lee fixed within this square and two others on separate sheets of foolscap of same size.)
(Representations of a larger size y he folded,
| but must be mounted on linen | and affixed |
| hereto.) |
| You are hereby requested to register the accompanying trade mark [In Class Iron in bars, sheets, and plates ; in Class | Steam engines and |
| boilers ; and in Class | Warming apparatus] in the name of |
who claims to be the proprietor thereof.
Registration Fees enclosed £
(Signed)
To the Honourable the Colonial Secretary, Perth.
0
0
0