[Subsidiary]
G.N. 422/40.
G.N. 1346/41.
CAP. 263]
Trade Marks (Emergency) Rules
[1984 Ed.
TRADE MARKS (EMERGENCY) RULES
(Cap. 263, section 8)
[19 April 1940.]
Citation.
R 1.*
Interpretation.
R 2.
(Cap. 263.)
(Cap. 1.)
Fees.
R 3.
Forms.
R 4.
Documents;
R 5(1).
(Cap. 43. sub. leg.)
leaving and serving documents.
R 5(2)
1. These rules may be cited as the Trade Marks (Emergency) Rules.
2. (1) In these rules, unless the context otherwise requires-
"person" includes any Government Department;
"Ordinance" means the Trade Marks (Emergency) Ordinance;
"Registry" means the Trade Marks Registry, Hong Kong.
(2) The Interpretation and General Clauses Ordinance shall apply to the interpretation of these rules as it applies to the interpretation of an Ordinance.
3. The fees to be paid on applications and oppositions under these rules shall be those specified in the First Schedule.
4. The Forms hereinafter referred to are those contained in the Second Schedule.
5. (1) All documents and copies of documents sent to or left at the Registry or otherwise furnished to the Registrar shall conform to the requirements of rule 95 of the Trade Marks Rules.
(2) Any application, notice or other documents authorized or required to be left, made, or given at the Registry, or to the Registrar, or to any other person under the Ordinance or these rules, may be sent by a prepaid letter through the post, and if so sent shall be deemed to have been left, made, or given at the time when the letter containing the same would be delivered in the ordinary course of post. In proving such sending, it shall be sufficient to prove that the letter was properly addressed and put into the post.
(3) Any written communication addressed to the registered proprietor of a trade mark or other person at his address 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.
* Note: The references in the margin. "R1". etc., are to the English Patents, Designs, Copyright and Trade Marks (Emergency) Rules 1939.