Procedure
where original
cortinante of
registration
is produced.
Procedure
whern origina! certificate of registrati
1 on produced.
Procedur
wharo dute of receipt of arigiun!
«pplication for
registration
ia nokaowa.
Effect of failure Lo register.
Renewals.
Regulations of Hong Long (1937 Edition) Vol II 1.575
*
Schedule to this Ordinance. In addition to any other fees prescribed, a fee of twenty dollars shall be payable upon every such application.
(3) If, upon receipt of such application and the evidence in support, the Registrar is satisfied that the applicant is entitled to be registered as the proprietor of a trade mark previously registered in the Old Register, he shal register the trade mark in the New Register and shall make all entries necessary and appropriate to show that the applicant is the registered proprietor thereof :
4. If the applicant is in possession of the original" certificate of registration he shall produce the same to the Registrar who shall endorse thereof the fact of registration, in the New Register in Form No. 2 of the First Schedule to this Ordinance.
5.
Where the applicant fails to produce to the Regis- trar the original certificate of registration the Registrar, if he is satisfied by other evidence that the applicant is entitled to be registered as the registered proprietor of a trade mark, shall prepare a fresh certificate of registration and shall endorse thereon the fact of registration in the Now Register in Form No. 3 of the First Schedule to this Ordinance.
6. Where there is no evidence before the Registrar as to the date of the original application for registration upon which registration in the Old Register was wonde or where such evidence us there may be in nasatisfactory the Registrar shall register as the date of such application the date of the Gazette Notification by which application for registration of the trade mark was first advertised thereafter, unless and until the actual date of the receipt of the original application shall have been satisfactorily ascertained and entered on the New Register, the date of such Gazette Notification shall for the purposes of this Ordinance and of the principal Ordinance be deemed to be the date of registration.
7. A trade mark which was registered in the Old Register and is not, within two years of the enactment of this Ordinance, also registered in the New Register aball not be deemed to be a registered trade mark.
8. (1) If the expiration of the last registration of a trade mark has occurred or occurs before the commencement of this Ordinance or will occur after the commencement of this Ordinance and before or within six months after regis- tration has been effected under section 3 bercaf, the provisiona of the principal Ordinance and of the Trade Marks Rules, 1910, shall apply with the modifications bereinafter appearing.
(2) If the expiration of the last registration of a trade mark will occur after the commencement of this Ordinance but before or within six months after registration has been effected under section 3 hereof, then such registration and the renewal thereof shall be effected simultaneously and the Registrar shall refuse to effect registration save upon payment of the prescribed renewal fee,
(3) If the expiration of the last registration of a trade mark has occurred or occurs before the commencement of this Ordinance, then-
(a) if notification has been given in the Gazette that the trade mark has been removed from the Old Register, section 81 of the principal Ordinance shall apply me if the period from the 6th December, 1941, to the commencement of this Ordinance (both inclusive) were excluded from the computation of the period of one year after the date when a trade mark has been removed from the Register referred to in that section; and
(b) if no such notification has been given renewal may be effected within two years after the commence- ment of this Ordinance: Provided always that in any such case registration under section 3 hereof and the renewal thereof shall be effected simultaneously and the Registrar shall refuse to effect registration save upon payment of the prescribed renewal fee.
(4) Sub-section (3) of this section shall not apply
to any trade mark which has been removed from the Register prior to the 6th December, 1941.
(5) If through some mistake or omission contrary
to the provisions of this section renewal is not effected simultaneously with registration under section 3 or the pre- scribed renewal fee has not been paid then notwithstanding anything contained in section 20 of the principal Ordinance or in Rule 58 of the Trade Marks Rules, 1910, the Registrar shall proceed in like manner as if he had duly sent notice in the prescribed manner to the registered proprietor at the proscribed time before the expiration of the last registration of the trade mark and the principal Ordinance and the said Rules shall apply and have effect as if such notice had been duly sent as aforesaid.
9. (1) A fresh application for registration shall be applications required in the case of any application for registration panding in pending but undisposed of in December, 1941.
(2) If such trade mark is cubsequently registered section 41 of the principal Ordinance shall, in the case of such trade mark, be read and construed as if for the words "the date of such original registration" contained in line four thereof there had been substituted the words "the commencement of the Trade Marks (Re-construction) Ordin- ance, 1947",
(3) Notwithstanding the provisions of sub-section (1) of this section registration shall be effected as of the date of receipt of the application pending in December, 1941, or, if such date cannot be satisfactorily ascertained, then the date of the Gazette Notification by which application for registration of the trade mark was first advertised.
10. Section 35 of the principal Ordinance is bereby repealed and replaced as follows:-
1041.
of Naw Register by
Registrar."
35. (1) Any person aggrieved by the non-insertion in Rectification or omission from the Register of any entry, or by any entry made in the Register without sufficient cause, or by any entry wrongly remaining on the Register, or by any error or defect in any entry in the Register, may apply in the pre- scribed manner to the Court or, at the option of the applicant, to the Registrar, und any such tribunal may make such order for making, expunging or varying the entry as such tribunal may think fit.