1954-HKRS28-8-21_Part04 — Page 29

Entry in register.

Separate registra-

tiona.

Registrar's certificates.

64

and, if both these circumstances subsisted, then the applicant shall leave with the Registrar a copy of the Registrar's directions to advertise the assignment, obtained upon application under section 41(6) and rule 49, and such proof, including copies of advertise- ments or otherwise, as the Registrar may require that his direc- tions have been fulfilled; and if the Registrar is not satisfied that the directions have been fulfilled, he shall not proceed with the application.

(2) For the purposes of section 18(3), the period within which a corporation may be registered as the subsequent proprietor of a registered trade mark upon application made under rule 40 or rule 41, shall be six months from the date on which the trade mark was entered in the register, or such further period not ex- ceeding six months as the Registrar may allow, on application being made to him on a franked Form TM-No. 10, by the applicant for registration of title or the registered proprietor, as the case may be, at any time before or during the period for which the extension can be allowed.

46. (1) When the Registrar is satisfied as to the title of the person claiming to be registered, he shall cause him to be regis- tered as proprietor of the trade mark in respect of the relevanı goods, and shall enter in the register his name, trade, or business address and description and particulars of his assignment or transmission,

(2) If so requested by the registered proprietor the Registrar shall make an endorsement of the assignment or transmission an the certificate of registration.

47. Where pursuant to an application under rule 40 or rule 41, and as the result of a division and separation of the goods of a registration or a division and separation of markets, different persons become registered separately under the same official number as subsequent proprietors of a trade mark, each of the resulting separate registrations in the names of those different persons shall be deemed to be a separate registration for all the purposes of the Ordinance.

48. Any person who desires to obtain the Registrar's certifi- cate under section 41(5) shall send to the Registrar, with his application on a franked Form TM—No, 17 a statement of case

65

in duplicate setting out the circumstances, and a copy of any instrument or proposed instrument effecting the assignment or transmission. The Registrar may call for any evidence or further information that he may consider nccessary, and the statement of case shall be amended if required to include all the relevant circumstances and shall if required be verified by a statutory declaration. The Registrar, after hearing if so required the applicant and any other person whom the Registrar may consider to be interested in the transfer, shall consider the matter and issue a certificate thereon or a notification in writing of approval or disapproval thereof, as the case may be. Where a statement of case is amended, two fair copies thereof in its final form shall be left with the Registrar. The Registrar shall attach a copy of the statement of case in its final form to the certificate and affix his seal thereto.

49. (1) An application to the Registrar under section 41(6) Registrar's shall be made by the assignee on a Cranked Form TM-No. is directions

for and shall state the date on which the assignment was made. The advertise-

ment of application shall give particulars of the registration in the case

assignment of a registered trade mark, and, in the case of an unregistered without trade mark, shall show the mark and give particulars of the goodwill registered trade mark that has been assigned therewith in mark accordance with section 41(3). The Registrar may call for any evidence or further information, and if he is satisfied with regard to the various matters he shall issue directions in writing with respect to the advertisement of the assignment.

(2) A request to the Registrar for an extension of the period within which the application may be made, which shall be on a franked Form TM-No. 19, may be made at any time before or during the period for which extension can be allowed. The extension of the period which the Registrar may allow shall not exceed three months.

Certification Trade Marks (Sections 64, 65, 66 and 68).

of trade

in use.

tion for

50. An application for the registration of a certification Applica trade mark under section 64 shall be made to the Registrar upon registra a franked Form TM-No, 20, and shall be accompanied by a tion. duplicate of the application on an unfranked Form TM-No. 20,