THE HONGKONG GOVERNMENT GAZETTE, 30TH JULY, 1898.
opponent a copy thereof; and within seven days (unless the Colonial Secretary shall enlarge the time) from such delivery, the opponent must forward to the Office of the Colonial Secretary, his evidence by way of statutory declaration in reply, and deliver to the applicant a copy Evidence thereof. Such last-mentioned evidence shall be confined in reply. to matters strictly in reply.
13. No further evidence shall be delivered on either side. Closing of except by leave of the Colonial Secretary, upon the written evidence. consent of the parties duly notified to him or by special leave of the Colonial Secretary given on an application made to him, of which application due notice shall be given to the opposite party, who shall be entitled to oppose the application.
dence by the
14. On completion of the evidence and on payment of Considera- the prescribed fee the matter shall be reforred to the tion of evi- Attorney General who shall consider the evidence and Attorney report his opinion to the Colonial Secretary. If, however, General. the Attorney General desires to hear the parties before deciding, he shall appoint a time for such hearing and shall give the parties at least seven days notice of such appointment.
15. After receiving the Attorney General's report the Decision. Governor shall decide the matter and notify his decision, through the Colonial Secretary, to the parties. decision shall be final.
REGISTER OF TRADE MARKS.
Such
before registration.
16. In case of the death of any applicant for a trade Death of mark after the date of his application, and before the trade applicant mark applied for has been entered on the register, the Governor, after the expiration of the prescribed period of advertisement, may, on being satisfied of the applicant's death, enter on the register, in place of the name of such deceased applicant, the name, address, and description of the person owning the good-will of the business, if such ownership be proved to the satisfaction of the Governor.
17. Where a person becomes entitled to a registered Request by trade mark by assignment, transmission, or other operation subsequent of law, a request for the entry of his name in the register proprietor. as proprietor of the trade mark should be addressed to the Colonial Secretary signed by the person desiring to be registered as proprietor. In the case of a firm or corporation the provisions of rule 5 as to signatures shall apply.
18. Every such request shall state the name, address, Contents of and description of the person claiming to be entitled to the request. trade mark (hereinafter called the claimant), and the par- ticulars of the assignment, transmission, or other operation of law, by virtue of which he requires to be entered in the register as proprietor, so as to show the manner in which, and the person or persous to whom, the trade mark has been assigned or transinitted, and so as to show further that it has been so assigned or transmitted in connexion with the good-will of the business concerned in the particular goods or classes of goods for which the trade mark has been registered.
request.
19. Every such request shall be accompanied by a Declaration statutory declaration to be therenuder written, verifying to accom- the several statements therein, and declaring that the par- pany ticulars above described comprise every material fact and document affecting the proprietorship of the trade mark as claimed by such request.
proof of
20. The claimant shall furnish to the Colonial Secretary Further such other proof of title and of the existence and owner- ship of such good-will as aforesaid as he may require for his satisfaction.
title if required.
21. A body corporate may be registered as proprietor Body by its corporate name.
corporate.
22. Whenever a trade mark has been removed from the Removal of register for non-payment of any fee or otherwise and mark from whenever the registration of any trade mark has been register. cancelled the Colonial Secretary shall cause to be entered
in the register a record of such removal or cancellation aud of the cause thereof.
Alteration
of address
23. If the registered proprietor of a trade mark sends to the Colonial Secretary together with the prescribed fee, in register. notice of an alteration in his address the Colonial Secretary shall alter the register accordingly.
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