1947-HKRS29-8-14_Part04 — Page 8

5

Effort of

compter of A tand mank during the perlod B.12.191

to 31.8.1948.

Power of Governor in Council to mke rules.

Holes in

Second Schedule to Lake

offvet under principal

Ordinance.

Commence toent

(2) Such tribunal may in any proceeding under this section decido any question that it may be necessary or expedient to decide in connection with the rectification of the Register.

(3) Tu case of frand in the registration, assign- ment or transmission of a registered trade mark, the Registrar may himself apply to the Court under the provisions of this

section.

(4) Any order of the Court rectifying the Register shall direct that notice of the rectification shall be served in the prescribed manner on the Registrar, and the Registrar shall on receipt of the notice rectify the Register accordingly.

In

(5) If an action concerning the trade mark is pending, the application must be made to the Court. any other case if the application is made to the Registrar, he

may, at any stage of the proceedings, refer the application to the Court, or he may, after bearing the parties, determine the question between them subject to appeal to the Court.'

11. Section 87 of the principal Ordinance shall have effect as if the following proviso had been added thereto.

Provided always that no part of the period 8th December, 1941, to the 31st August, 1945, both inclusive, shall in any way be taken into account in computing the said period of five years and that for the purpose of any application made before the 2nd September, 1950, on the ground of non-user during the five years immediately preceding such application, the 1st of September, 1945, shall be deemed to follow immediately the 7th of December, 1941.

12. It shall be lawful for the Governor in Council to make rules for regulating practice and procedure under this Ordinance. without prejudice to the generality of the fore- going power, such rules may prescribe fees and forms and such rules may rescind or send in any way whatsoever sub-section (2) of section 3 and sections 4, 6 or 8 of this Ordinance.

13. The rules in the Second Schedule to this Ordinance shall be deemed to have been made under the principal Ordinance as amended by section 10 of this Ordinance, and shall continue in force except in so far as rescinded or amended by rules unde noder the principal Ordinance as amended by section 10 of this Ordinance.

14. This Ordinance shall come into force on such day as the Governor shall notify by Proclamation in the Gazette.

Passed the Legislative Council of Hong Kong, this 17th day of July, 1947.

Alastair Wald

Deputy Clerk of Councils.

FIRST SCHEDULE.

TRADE MARKS REGISTER (RE-CONSTRUCTION) FORM NO. 1.

TRADE MARKS REGISTER (RE-CONSTRUCTION) ORDINANCE, 1917.

(Section 8 (2) ).

APPLICATION FOR REGISTRATION IN THE NEW REGISTER OF A TRADE MARK PREVIOUSLY REGISTERED IN THE OLD BROISTER.

Dog representation identical with the trade mark previously registered in the Old Register to be fixed bere. Representa- tions of a large size may be folded but mnat then Ther mounted upon lineu or strong paper and affixed bereta. Three additional representa- tions are to be sent on separate sheets.

Application is hereby made for the registration in the Naw Register of the accompanying trade mark previously registered in the name of

in the Old Register as No.

of 19

in Class

TAUTIENDO

in respect of

This application is made in the name of ........................................of (address and description}

who claims to be the proprietor of the said trade mark.

The last registration of the said trade mark *expired

on the

DATED thia

day of........

19

*will expire

(Signature)

day of

TO: The Registrar of Trade Marke,

HUNG EONG.

Delete

whichever is not applicable.

*

19

For Sa, 1