1954-HKRS28-8-21_Part04 — Page 28

Certificate

tion.

62

tisement and the determination of any opposition to the applica- tion, may, on being satisfied of the applicant's death, enter in the register, in place of the name of such deceased applicant,

the name, address and description of the person owning the trade mark, on such ownership being proved to the satisfaction of the Registrar.

37. Upon the registation of a trade mark the Registrar shall of registra issue to the applicant a certificate in Form TM-No. 10, and shall affix thereto a copy of the mark supplied by the applicant under rule 9(4). No fee shall be charged for the certificate.

Non-

complation within twelvo months.

Associated marks.

Joint

for entry

Non-Completion of Registration (Section 1704)).

38. Where registration of a trade mark is not completed within twelve months from the date of the application by reason of default on the part of the applicant, the Registrar shall ou Form TM-No. 11 give notice to the applicant or to his agent of such non-completion. If after fourteen days from the date when the notice was sent, or such further time as the Registrar may allow, the registration is not completed, the application shall be deemed to be abandoned.

Associated Trade Marks (Section 24).

39. (0) Where a mark is registered as associated with any other mark or marks the Registrar shall note upon the register in connexion with the first-mentioned mark the numbers of the marks with which it is associated, and shall also note upon the register in connexion with each of the associated marks the number of the first-mentioned mark as being a mark associated therewith.

(2) An application by a registered proprietor under section 24(2) to dissolve the association between two or more associated trade marks shall be made on a franked Form TM-No. 12, and shall include a statement of the grounds of the application.

Assignment and Transmission (Sections 41 to 44).

40. Where a person becomes entitled by assignment or trans- application mission to a registered trade mark he may, conjointly with the registered proprietor, make application to the Registrar on A franked Form TM-No. 13 to register his title.

of assign. ment or transmis- sion.

63

41. Where a person becomes entitled to a registered trade Applica- mark in the manner referred to in rule 40, and no conjoint appli- subsequent

tion by

cation as therein mentioned is made, he shall make application proprietor to the Registrar on a franked Form TM-No. 14 to register of assign.

his title.

for entry

ment or transmia- sion.

42. An application under rule 40 or rule 41 shall contain Particulars the name, trade or business address, nationality and description to be

stated in

of the person claiming to be entitled, together with full particulars application. of the instrument, if any, under which he claims, and such instru- ment shall be produced to the Registrar for inspection, preferably at the time of application. The full names of all the partners in a partnership shall be given in the body of the application. The Registrar may in any case require and retain an attested copy of any instrument produced for inspection in proof of title, but such copy shall not be open to public inspection.

43. Where in the case of an application on franked Form Cave TM-No. 13 or TM-No. 14 the person applying for registration accompany-

ing of his title does not claim under any document or instrument application. which is capable in itself of furnishing proof of his title, he shall, unless the Registrar otherwise directs, either upon or with the application, state a case setting forth the full particulars of the facts upon which his claim to be proprietor of the trade mark is based, and showing that the trade mark has been assigned or transmitted to him. If the Registrar so requires, the case shall be verified by a statutory declaration on Form TM-No. 15.

44. The Registrar may call on any person who applies to be Proof of registered as proprietor of a registered trade mark for such proof Litle. or additional proof of title as he may require for his satisfaction.

45. (1) An application under rule 40 or rule 41 relating to Application an assignment, on or after the date of the commencement of the for entry

of assign- Ordinance, of a trade mark in respect of any goods shall state- ment

without

(a) whether the trade mark was, at the time of the assign. goodwill.

ment, used in a business in any of those goods; and

(b) whether the assignment was made otherwise than in

connexion with the goodwill of that business,