1947-HKRS28-8-14_Part04 — Page 10

8

SECOND SCHEDULE.

THIRD 8CHEDULE.

TRADE MARES ORDINANCE, 1909.

Form No. 30.

Application

1. These Rules may be cited as the Trade Marks (Amend-

meat) Rules, 1947.

2. The Trade Marks Rules, 1910, are hereby amended by the addition after Rule 76 of the following heading and Rules:-

Application under section 34.

76A. An application under section 35 as re-enacted by the

to rectify or Trade Marks (Re-construction) Ordinance, 1947, shall be made

remove a

trade mark

from the

Elegiater.

Further proceduro.

Intervention by third partion.

in Farm No. 30 appearing in the Third Sebedule to suck lastly mentioned Ordinance and shall he accompanied by a statement setting out fully the nature of the applicant's interest the facts upon which he bases his case and the relief which he seeks. Where the application is made by a person who is not the registered proprietor of the trade mark in question it shall be accompanied by an austamped copy of the application and a copy of the stale ment, and those copies will be transmitted forthwith by the Registrar to the registered proprietor.

768. Upon such application being made, and copy thereof transmitted to the registered proprietor, if necessary, the provisions of Rules 35 to 43 shall apply mutatia mutandia to the further proceedings thereon; but the Registrar aball not rectify the Register or remove the trade mark from the Register merely hecause the registered proprietor has not filed a counter-statement. In any case of doubt any party may apply to the Registrar for directions.

70c. Any person other than the registered proprietor alleging interest in a registered trade mark in respect of which an application is made on Form No. 20 may apply to the Begistrar on Form No. 21 appearing in the Third Schedule to the Trade Marka (Re-construction) Ordinance, 1947, for leave to intervene, stating thereon the nature of his interest, and the Registrar may refuse or grant such leave, altering (if so required) the parties concerned, upon such conditions and terms as he may deem fit. Before dealing in any way with the application for leave to intervene the Registrar may require the applicant to give an undertaking to pay such costa as in the circumstances he may award to any party.

TORE NO. 20.

י.

APPLICATION TO THE REGISTRAR FOR THE RECTIFICATION OF THE BEGISTER OR THE REMOVAL of a Trans Mark

FROM THE Register.

(To be accompanied by an unstamped copy and a Statement of Case iu duplicate),

I/We (a)

IN THE MATTER OF Trade

Mark No.

„registared

in the mum of

in Claas

(a) Hom

Eliate Ball

回收

Mund

medroku.

boreby apply that the entry in the Register in respect of the

above-mentioned trade wark may be removed (b) rectified in the Delete

following manner

The grounds of my/our application are as follows:-

No action concerning the trade mark in question is pending

in the Court.

DATED this

day of

19

word | wond) JUDG

mpiaco

his

TO: The Registrar of Trade Marks,

HUNG CÔNG.

(Signature)