A 36

CAP. 43]

Trade Marks Rules

[1989 Ed.

[Subsidiary]

104. Certificate of mark registered without limitation of colour

Where a mark is registered without limitation of colour the Registrar may grant a certificate of its registration, for the purpose of obtaining registration abroad, either in the colour in which it appears upon the register or in any other colour or colours; but in the last-mentioned case the certificate shall be marked "FOR USE IN OBTAINING REGISTRATION ABROAD ONLY”.

105. Certificate for use in obtaining registration abroad

Where a certificate of registration of a trade mark is desired for use in obtaining registration abroad, the Registrar shall include in the certificate a copy of the mark and may require the applicant for the certificate to furnish him with a copy of the mark suitable for the purpose and, if the applicant fails to do so, may refuse to issue the certificate. The Registrar may state in the certificate such particulars concerning the registration of the mark as to him may seem fit, and may omit therefrom reference to any disclaimers appearing in the register; but in the last-mentioned case the certificate shall be marked "FOR USE IN OBTAINING REGISTRATION ABROAD ONLY”.

DECLARATIONS

106. Manner in which, and person before whom, declaration is to be taken

(1) The statutory declarations required by the Ordinance, and these rules, or used in any proceedings thereunder, shall be made and subscribed as follows-

(a) in Hong Kong before any justice of the peace, notary public or any commissioner or other officer authorized by law in Hong Kong to administer an oath for the purpose of any legal proceeding; (L.N. 256 of 1987)

(b) in any other part of Her Majesty's dominions--before any court, judge, justice of the peace, notary public, or any officer authorized by law to administer an oath there for the purpose of a legal proceeding;

(c) if made out of Her Majesty's dominions--before a British Minister or person exercising the function of a British Minister, or a British consul, vice-consul or other person exercising the functions of a British consul, or a notary public, or a judge or magistrate.

(2) A person signing the declaration by virtue of the provisions of rule 96 shall state thereon the capacity in which he makes the declaration.

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