800 THE HONGKONG GOVERNMENT GAZETTE, OCTOBER 8, 1909.
Name or description of goods.
Application for registra
tion.
16. Where the name or a description of any goods appears on a trade mark the Registrar may refuse to register such mark in respect of any goods other than the goods so named or described.
Where the name or description of any goods appears on a trade mark which name or description in use varies, the Registrar may permit the registration of the mark with the name or description upon it for goods other than those named or described, the applicant stating in his application that the name or description varies.
APPLICATION FOR REGISTRATION,
17. Every application for the registration of a trade mark, shall be addressed to the Registrar in the Form No. 1 and shall be accompanied by three additional representa- tions of the trade mark exactly corresponding to that affixed on Form No. 1 and also by a statutory declaration in the Form No. 2 or an affidavit to the same effect.
And in the case of a trade mark not falling within the descriptions in section 9 (1), (2), (3), or (4) there shall be added to such application a requirement that the same shall be referred to the Governor or the Court (at the option of the applicant) for an order that the said trade mark may be deemed distinctive.
Such statutory declaration or affidavit must be made by the applicant in person subject to the provisions of Rule 85 (d) (e).
Application
18. In the case of an application for the registration of for old mark an old mark there shall be furnished a certificate of the registration of the mark in the United Kingdom, whereto shall be affixed a copy of the mark.
Application by firm.
Separate
19. If application for registration of a trade mark be made by a firm or partnership it may be signed in the name or for and on behalf of the firm or partnership by any one or more members thereof.
If the application be made by a body corporate it may be signed by a Director or by the Secretary or other prin- cipal officer of such body corporate.
Any application may be signed by an agent.
20. Applications for the registration of the same trade applications. mark in different classes shall be treated as separate and distinct applications and in all cases where a trade mark has been registered prior to the coming into operation of the Ordinance for goods in more than one class the re- gistration shall henceforth for the purpose of fees and otherwise be deemed to have been made on separate and distinct applications in respect of goods included in each class.
Representa.
tions to be
21. The Registrar, if dissatisfied with any representation of a mark, may at any time require another representation satisfactory. satisfactory to him to be substituted before proceeding
with the application.
Specimens of trade marks
22. Where a drawing or other representation or speci- men cannot be given in manner aforesaid, a specimen or copy of the trade mark may be sent either of full size or tional cases. on a reduced scale, and in such form as the Registrar may
think most convenient.
in excep-
Series of
The Registrar may also, in exceptional cases, deposit in the Office a specimen or copy of any trade mark which cannot conveniently be shown by a representation, and may refer thereto in the register in such manner as he may think fit.
23. When application is made for the registration of a trade marks. series of trade marks a representation of each trade mark
of the series shall be affixed to Form No. 1.
Translitera- tion and translation.
24. When a trade mark contains a word or words in other than Roman characters or in a language other than English the Registrar may ask for an exact transliteration or translation thereof, and, if he so requires, such transliter- ation or translation shall be indorsed on the application, such indorsement being signed by the applicant or his agent.