A 4
[Subsidiary]
Opposition;
R 10.
Form 3.
hearing. R 10.
CAP. 263]
Trade Marks (Emergency) Rules
[1984 Ed.
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who may appear to the Registrar to be sufficiently interested in the matter.
10. If any person to whom copies are sent under rule 9, or any other person who may be considered by the Registrar to be sufficiently interested in the matter, intends to oppose the application, he shall, within 14 days of the dispatch of such copies, or such further time, not exceeding 14 days or in exceptional circumstances 28 days, as the Registrar may, on good reason being shown, and whether or not the time extended had expired before the request for extension was made, allow, give notice of his opposition on and in accordance with Form 3, setting out the grounds upon which he opposes the application. Such notice shall be accompanied by a copy thereof, and there may be filed therewith, in duplicate, any relevant evidence that the opponent desires to furnish. A copy of the notice and of any evidence accompanying it shall be sent by the Registrar to the applicant. No further evidence shall be filed by any party except by leave, or on requisition, of the Registrar. After such last-mentioned copies have been so sent, or if no notice of opposition is given, the Registrar shall in due course appoint a hearing unless, having regard to the circumstances, he considers it inexpedient or impossible so to do, or the parties have stated that they do not desire to be heard. The Registrar shall give all the parties at least 10 days' notice of such hearing unless in any case the parties agree to accept shorter notice or the Registrar for any special reason otherwise directs. At any such hearing, the applicant, and any person who has given notice of opposition as aforesaid, may appear and be heard:
Provided that, in any case in which it is proved to the satisfaction of the Registrar that it is desirable in the public interest that any order to be made upon an application as aforesaid should be made at an early date, he may consider the application and, if he decides to make an order thereon, make the order as soon as may be, without giving opportunity for the filing of a notice of opposition to the application and without considering any such notice that may have been filed or hearing any person who may have filed such a notice.
Grant of registration of trade mark under section 4 where registration fee has not been paid.
R 11.
11. Where an application has been made for the registration of a trade mark which, if granted, would satisfy the conditions of section 3(1) of the Ordinance as regards the name of the person in which the trade mark would be registered, or as to its proprietorship, and the application is in order for the registration of the trade mark except that the registration fee has not been paid, then, any person who proposes to apply under section 3 of the Ordinance for the suspension of rights in connexion with the trade mark when registered, may pay the registration fee, and the Registrar may thereupon register the trade mark in accordance with section 4 of the Ordinance.