602

Agency.

R 6.

Applications under the Ordinance.

B 7 (3).

Evidence and state- ment of applicant's request.

RE.

Copies to accompany application.

THE HONG KONG GOVERNMENT GAZETTE, APRIL 19, 1940.

for service in Hong Kong furnished in connexion with the registration or at his address in non-enemy territory as it appears on the register of trade marks, or to any applicant or opponent in any proceedings under the Ordinance or these Rules at the address appearing on the application or notice of opposition or given for service as hereinafter provided, shall be deemed to be properly addressed.

6. All counmunications to the Registrar under the Ordin- ance and these Rules (except the applications set out in Rule 7) may be signed by, and all attendances upon the Registrar may be made by or through, an agent duly author- ized to the satisfaction of the Registrar, and resident or having a place of business in Hong Kong.

Service upon such an agent of any document relating to the proceeding or matter in which he is authorized shall be deemed to be service upon the person so appointing him, and all com- munications directed to be made to such person in respect of the proceeding or matter may be addressed to such agent. In any particular case the Registrar may, if he thinks fit, require the personal signature or presence of an applicant, opponent, or other person.

The Registrar shall not be bound to recognize as such agent. or 10 receive communications in respect of any business under the Ordinance from, any person whom he is not bound to recognize as an agent under Rule 10 of the Trade Marks Rules, 1910.

7.-(1) An application under Section 3 for an order for the suspension of rights in connexion with a trade mark shall be made on and in accordance with Trade Marks (Emer- gency) Form No. 1.

(2) An application for the revocation or variation of an order suspending rights in connexion with a trade mark under Section 5 shall be made on and in accordance with Trade Marks (Emergency) Form No. 2. and shall state the applicant's reasons for his request.

8. An application made as prescribed in Rule 7 shall, where necessary, be accompanied by evidence, in the form of or covered by a statutory declaration, showing that any conditions laid down by, or requirements of, the Ordinance in connexion with the application in question are satisfied. Where a licence. or the variation of a licence, is asked for, the application shall be accompanied by a statement setting out the principal conditions upon which the applicant desires a licence to be granted, or the variations which he desires shall be made in any conditions of the licence, as the case may be.

9. An application as aforesaid shail he accompanied by a copy thereof and by a copy of any evidence or statement accompanying it A copy of the application and of any such evidence or statement shall. wherever possible, be sent by the Registrar to the registered proprietor of the trade mark at his address for service in Hong Kong, or at any other address that may appear to the Registrar to be proper, to any other person whose name, with an address in Hong Kong, appears upon the relevant Registrar to indicate that he has an interest in the trade mark in question, and to any other person who may appear to the Registrar to be sufficiently interested in the matter.

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