A 26
CAP. 43]
Trade Marks Rules
[1989 Ed.
[Subsidiary]
advertising the mark with the addition or alteration as aforesaid, if in the opinion of the Registrar an advertisement describing the addition or alteration in words would not be likely to be understood by persons interested in the matter.
CLASSIFICATION (SECTIONS 8 AND 54)
74. Classification of goods
(1) For the purposes of trade marks registrations dated before the commencement of the Ordinance goods are classified in the manner appearing in Schedule 3, unless any specification has been converted to Schedule 4 in accordance with rule 75.
(2) For the purposes of trade marks registrations dated on or after the date of the commencement of the Ordinance, and of registrations of registered users thereunder, and for the purposes of any registrations dated before the commencement of the Ordinance whereof the specifications have been converted in accordance with rule 75, goods are classified in the manner appearing in Schedule 4.
75. Application by registered proprietor for conversion of specification
(1) Where the specification of a registered trade mark is founded on Schedule 3 the registered proprietor may apply to the Registrar on Form TM-No. 42 for the conversion of that specification so that it may be founded on Schedule 4, whether with or without the striking out of goods therefrom, but so that the registration retains its original date, and he shall include in the application a request for the like conversion of the specification of the goods of any registered users under that registration. (L.N. 256 of 1987)
(2) After receipt of such application the Registrar, in accordance with section 54(3), shall send to the registered proprietor a proposal showing the form which, in the Registrar's view, the amendment of the register should take.
(3) Two or more registrations of a trade mark in respect of goods falling within the same class of Schedule 4, having the same date of registration, may be amalgamated upon conversion in accordance with this rule.
76. Advertisement of proposed conversion. Opposition
(1) The proposal for amendment under section 54(3) shall be advertised by the applicant in one issue of the Gazette. Notice of any opposition shall be given on Form TM-No. 43 within 2 months from the date of the advertisement, and shall be accompanied by a duplicate of the notice and by a statement.