1954-HKRS28-8-21_Part04 — Page 24

Name or

description of goods.

Prelimi

nary

advice by Registrar as to

distinctive-

Noss.

Form of

54

7. (0) Where the name or description of any goods appears on a trade mark, the Registrar may refuse to register such mark in respect of any goods other than the goods so named or described.

(2) Where the name or description of any goods appears on a trade mark, which name or description in use varies, the Registrar may permit the registration of the mark for those and other goods, and in that case the applicant shall stare in his application that the name or description will be varied when the mark is used upon goods covered by the specification other than the named or described goods.

8. (1) Any person who proposes to apply for the registra- tion of a trade mark in Part A or Part B of the register in respect of any goods may apply to the Registrar on a franked Form TM-No. 1, or on a franked Form TM-No. 2 in a case when he is also making an application under paragraph (1) of rule 108, for advice as to whether the trade mark, of which representations shall accompany the Form, appears to the Registrar prima facie to be inherently adapted to distinguish within the meaning of section 9 or inherently capable of distinguishing within the mean- ing of section to as the case may be in relation to those goods. and shall apply separately in relation to goods comprised within different classes of goods in Schedule IV.

(2) A notice of withdrawal of an application for the registra- tion of a trade mark given under section 7303) for the purpose of obtaining repayment of any fee paid on the filing of the applica- tion shall be given in writing within two months from the date of the notice of the Registrar's objection.

Application for Registration of a Trade Mark. (Section 13).

9. (1) An application under section 13 for the registration application. of a trade mark in Part A or Part B of the register shall be addressed to the Registrar on a franked Form TM-No. 3. and shall have affixed thereto a representation of the mark. The application shall be signed by the applicant or his agent. If the application is made for or on behalf of a partnership or a body corporate it shalt be signed in manner provided by rule 96, but in either case it may be signed by an agent authorized in accordance with the provisions of paragraph (2) of rule 102.

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(2) Each application shall be accompanied by a statutory declaration on Form TM-No. 4, which shall be made by the applicant in person, and not by an agent, subject to the provisions of rules 96, 106 and 107:

Provided that when two or more applications are made simultaneously by the same applicant, and the particulars to be furnished in all four paragraphs of the Form are exactly similar for all applications, one statutory declaration may be accepted. In such a case specimens of all marks shall be affixed to the declaration.

(3) Each application shall be for registration in respect of goods in one class only of Schedule IV.

(4) Each application shall be accompanied by three additional representations of the trade mark exactly corresponding to that ollixed to Forms TM-No. 3 and TM-No, 4.

10. In the case of an application under section 13 for regis- Specifica. tion amst tration in respect of all the goods included in a class, or of a

be justified large variety of goods, the Registrar may refuse to accept the by use or application unless he is satisfied that the specification is justified intended by the use of the mark which the applicant has made, or intends to make if and when it is registered.

une.

tions for

11. Applications under section 13 for the registration of the Separate same mark in different classes shall be treated as separate and applica distinct applications, and in all cases where a trade mark is regis- different

classes. tered under the same official number for goods in more than one class, whether an conversion of the specification under rule 75 or onherwise, the registration in respect of the goods included in earli separate class shall be deemed to be a separate registration for all the purposes of the Ordinance.

marke to be

12. In any application under section 13, the Registrar, if Representa. dissatisfied with any representation of a mark, may at any time tions of require another representation satisfactory to him to be substituted satis- before proceeding with the application.

13. In any application under section 13-

in) where a drawing or other representation or specimen cannot be given in manner aforesaid, a specimen or copy of the trade mark may be sent either of full size or on a reduced scale, and in such form as the Registrar may think most convenient; and

factory.

Specimens of trade marks in exceptional

cases.