A 34

CAP. 43]

Trade Marks Rules

(1989 Ed.

[Subsidiary])

101. Alteration of address in register

(1) A registered proprietor or registered user of a trade mark whose trade or business address is changed so that the entry in the register is rendered incorrect shall forthwith request the Registrar on Form TM-No. 32 to make the appropriate alteration of the address in the register, and the Registrar shall alter the register accordingly if he is satisfied in the matter. (L.N. 256 of 1987)

(2) A registered proprietor or registered user of a trade mark whose address for service in Hong Kong entered in the register is changed, whether by discontinuance of the entered address or otherwise, so that the entry in the register is rendered incorrect, shall forthwith request the Registrar on Form TM-No. 38 to make the appropriate alteration of the address in the register, and the Registrar shall alter the register accordingly if he is satisfied in the matter. (L.N. 256 of 1987)

(3) A registered proprietor or registered user of a trade mark whose registered trade or business address or address for service is altered by a public authority, so that the changed address designates the same premises as before, may make the aforesaid request to the Registrar on Form TM-No. 32 or TM-No. 38, as the case may be, without payment of fee and if he does so he shall leave therewith a certificate of the alteration given by the authority. If the Registrar is satisfied as to the facts of the case, he shall alter the register accordingly.

(4) In case of the alteration of the address of a person entered in the register as the address for service of more than one registered proprietor or registered user of trade marks, the Registrar may, on proof that the said address is the address of the applicant and if satisfied that it is just to do so, accept an application from the person on Form TM-No. 38 amended so as to suit the case for the appropriate alteration of the entries of his address as the address for service in the several registrations, particulars of which shall be given in the Form, and may alter the entries accordingly. (L.N. 256 of 1987)

(5) All applications under this rule on Form TM-No. 38 shall be signed by the registered proprietor or the registered user, as the case may be, or by an agent expressly authorized by him for the purpose of such an application, unless in exceptional circumstances the Registrar otherwise allows.

AGENTS

102. Agency

(1) Except as otherwise required by these rules, any application, request or notice which is required or permitted by the Ordinance or these rules to be made or given to the Registrar, and all other communications between an applicant or a person making such a request or giving such a notice and the Registrar shall be made or given in writing.

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