802 THE HONGKONG GOVERNMENT GAZETTE, OCTOBER 8, 1909.
Counter- statement.
Evidence in support of opposition.
Evidence in support of application.
Evidence in reply by spponent.
Further evidence.
Exhibits.
Hearing.
Extension of time.
Security for
costs.
Non-comple- tion within 12 months.
35. Within one month from the receipt of such dupli- cate the applicant shall send to the Registrar a counter- statement in Form No. 5 setting out the grounds on which he relies as supporting his application. The applicant shall also set out what facts, if any, alleged in the notice of opposition he admits. Such counter-statement shall be accompanied by a duplicate, which the Registrar shall forthwith send to the opponent.
36. Within one month from the receipt of such duplicate the opponent shall forward to the Registrar such evidence by way of statutory declaration as he may desire to adduce in support of his opposition. Such statutory declaration shall be accompanied by a duplicate, which the Registrar shall forthwith send to the applicant.
37. Within one month from the receipt of such dupli- cate the applicant shall forward to the Registrar such evidence by way of statutory declaration as he desires to adduce in support of his application. Such statutory de- claration shall be accompanied by a duplicate, which the Registrar shall forthwith send to the opponent.
38. Within fourteen days from the receipt of such statu- tory declaration the opponent may forward to the Registrar evidence by way of statutory declaration in reply. Such evidence shall be confined strictly to matters in reply. Such statutory declaration shall be accompanied by a duplicate, which the Registrar shall forthwith forward to the applicant.
39. In any proceedings before the Registrar, he may at any time, if he thinks fit, give leave to either the appli- cant or the opponent to file any evidence upon such terms as to costs or otherwise as the Registrar may think fit.
40. Where there are exhibits to declarations filed in an opposition, copies or impressions of such exhibits shall be sent to the other party on his request, or, if such copies or impressions cannot conveniently be furnished, the originals shall be sent to the Office, so that they may be open to inspection. The original exhibits shall be produced at the hearing unless the Registrar otherwise directs.
41. Upon completion of the evidence the Registrar shall give notice to the parties of a date when he will hear the arguments in the case. Such appointment shall be for a date at least fourteen days after the date of the notice, unless the parties consent to a shorter notice. Within seven days from the receipt of such notice both parties shall file Form No. 6. A party who receives such notice and who does not, within seven days from the receipt thereof, give notice on Form No. 6 that he intends to appear, may be treated as not desiring to be heard, and the Registrar may act accordingly.
42. Where in opposition proceedings any extension of time is granted to any party, the Registrar may thereafter, if he thinks fit, without giving the said party a hearing, grant any reasonable extension of time to the other party in which to take any subsequent step.
43. Where a party giving notice of opposition neither resides nor carries on business in the Colony, the Registrar may call upon him to give a security in such form as the Registrar may deem sufficient for the costs of the proceed- ings before the Registrar, for such amount as to the Registrar may seem fit, and at any stage in such opposition may require further security to be given at any time before giving his decision in the case.
NON-COMPLETION,
44. Where registration of a trade mark is not completed within twelve months from the date of the application by reason of default on the part of the applicant, the Registrar shall give notice to the applicant or to his agent in writing of such non-completion." If after fourteen days from the date when such notice was sent the registration is not completed, the application shall be deemed to be abandoned, but the Registrar may with such notice, where the applicant lives at a distance, give a further time after such fourteen days for the completion of such application.