1947-HKRS29-8-14_Part04 — Page 7

Frocedure

where original

cortinente of

registration

is produred.

Procedure

where original

certificate of registration is ont

produced.

Procedure where date of receipt of origina!

application for

registration

is unknown

Effect of failore La register.

Renewals.

Regulations of Hong Long (1037 Edition) Vol II P.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 entifled to be registered as the proprietor of a trade mark previously registered in the Old Register, bu shall register the trade mark in the New Register and shalf-make all entries necessary and appropriate to show that the applicant is the registered proprietor thereofĄ:

4. If the applicant in possession of the original certificate of registration he shall produce the same to plie Registrar who shall endorse thereon 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 thereou the fact of registration in the Now Register in Form No. 9 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 made or where such evidence as there may be in unsatisfactory 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 abell 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 provisions of the principal Ordinance and of the Trade Marks Rules, 1910, shall apply with the modifications hereinafter 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 phall apply as 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 courk 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 raistake or omission contrary

to the provisions of this section renewal is not effected simultaneously with registration under section 8 or the pre- scribed renewal fee has not been paid then notwithstanding anything contained in section 30 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 daly sext notice in the prescribed manner to the registered proprictor at the prescribed 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 peuding but undisposed of in December, 1941.

(2) If such trade mark is subsequently registered section 41 of the principal Ordinance shall, in the case of such trade mark, be read and construed as if for the wordH "the date of auch original registration" contained in line four thereof there had been substituted the words "the commencement of the Trade Marks (Ro-construction) Ordin- ance, 1947".

(8) Notwithstanding the provisions of sub-section (1) of this section registration shall be effected as of thự 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 hereby repealed and replaced as follows:-

35. (1) Any person aggrieved by the non-insertion in 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, and any such tribunal may make such order for making, expunging or varying the entry as such tribunal may think fit.

10:41.

rectisesti of Naw Registras.

Register by