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Application for leave to
No. 6.] THE ORDINANCES OF HONGKONG
AD
4. Any person claiming the right to the exclusive use of a registered trade mark, either solely or jointly with others, may apply to the Governor for leave to register the same in the Register of Trade Marks.
46 & 47 Vict. c. 57 s. 62. Mode of application.
Schedule: Form No. 1;
5. Every such application shall be made to the Governor in the Form No. 1 in the Schedule to this Ordinance, and shall be accompanied by a facsimile or specimen of the trade mark sought to be registered, and also by an additional specimen on a separate paper, and also by a statutory declaration, in the Form No. 2 in the said Schedule, or an affidavit to the same effect: Provided always that such application shall not be granted unless notice by advertisement of such application having been made shall have been inserted by the applicant at least once a month in The Gazette or in one or more of the daily newspapers of the Colony for a period of at least three months before the granting thereof. Such advertisement shall be in the Form No. 3 in the said Schedule.
Form No. 3,
Order for registration and filing of documents.
Ib, asi 62, 72;
6. On compliance with the formalities prescribed by this Ordinance and by any rules thereunder for the time being in force, including payment of the prescribed fees, it shall be lawful for the Governor, if he thinks fit, to grant the application and to order the registration of the said trade mark in the Register of Trade Marks and filing in connection therewith of all affidavits, statutory declarations, and such other documents as may be directed to be filed:
51 & 52 Vict. c. 57 s. 80.
Provided that the Governor, unless satisfied that two or more parties are entitled to be registered as proprietors of the same trade mark, shall not register, in respect of the same goods or description of goods, a trade mark identical with one already on the Register or having such a 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.
7. Notice of the registration of a trade mark under this Ordinance shall be published by the Colonial Secretary in The Gazette, and the Register of Trade Marks shall be open to public inspection at reasonable times, on payment of such fee as may be fixed in manner hereinafter mentioned.
8. It shall be lawful for the Governor-in-Council from time to time to make rules for regulating the practice with regard to registration under this Ordinance and matters incidental thereto, and for the classification of goods with regard to trade marks, and generally for the carrying out of the provisions of this Ordinance, and to fix and vary a scale of fees payable in respect of applications and registration and opposition thereto, and of other matters incidental thereto or provided for by this Ordinance or any rules thereunder.
9. From and after the registration of a trade mark, all entries in the Register of Trade Marks and all documents filed under this Ordinance...