1690 THE HONGKONG GOVERNMENT GAZETTE, SEPT. 28, 1906.
Advertise- ment of
application.
(4) 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 partner- ship 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 principal officer of such body corporate.
Any application may be signed by an Agent.
(5) Applications for the registration of the same trade mark in different classes shall be treated as sepa- rate and distinct applications, and in all cases where a trade mark has been registered prior to the coming into operation of this Ordinance for goods in more than one class the registration shall henceforth for the purpose of fees and otherwise be deemed to have been made on separate and distinct applications in respect of the goods included in each class.
(6) When a trade mark contains a word or words other than in Roman characters or in a language other than English the Registrar may ask for an exact trans- literation or translation thereof, and, if he so requires, such transliteration or translation shall be indorsed on the application, such indorsement being signed by the applicant or his agent.
(7) The Registrar may at any time, whether before or after acceptance of the application, correct any error in or in connexion with the application, or may permit the applicant to amend his application upon such terms as the Registrar may think fit.
14.-(1) The Registrar may refuse any application or may accept it absolutely or subject to conditions, amendments, or modifications.
not
(2) The Registrar shall permit registra- tion, in respect of the same goods or description of goods, of a trade mark identical with one belonging to a different proprietor which is already on the register or having such resemblance to a trade mark already on the register, with respect to such goods or description of goods, as to be calculated in his opinion to deceive: Provided always that the Registrar may permit regis- tration of not more than three identical or nearly identical trade marks, all of which have respectively been used as trade marks by the respective applicants or their predecessors in business prior to the 31st August, 1875. if such trade marks are registered in England.
15.-(1) An applicant who desires to question by way of appeal any decision given by the Registrar under the provisions of the preceding section may. within a period of three months from the date of such decision, apply in writing to the Registrar to set forth and sign a statement of the grounds on which his decision was given.
(2) The Registrar shall send a copy of such state- ment to the applicant, and within a period of two months after the receipt of such statement, unless the Registrar shall extend the time, the applicant shall send to the Registrar a counter-statement in writing in support of his application, and if he does not do so he shall be deemed to have abandoned his application.
(3) Upon receipt of such counter-statement the Registrar shall submit the matter to the Governor who may make such order regarding the application as he shall deem fit.
16. When an application for registration of a trade mark has been accepted by the Registrar whether absolutely or subject to conditions, the Registrar shall, as soon as may be after such acceptance, cause the applicant or his agent to advertise the application, as accepted, once a month in The Gazette and in one or more of the Hongkong daily papers for a period of three months. Such advertisement shall be in the Form 3 in the Schedule hereto.