1954-HKRS28-8-21_Part04 — Page 32

Advertise-

ment of certain

applica.

Lions.

Certificate

of validity to be noted.

Applica- tion for alteration.

Advertise- ment before decision.

Altera- tion and notification thereat.

70

68. Where application is made, on franked Form TM-No. 37, to enter a disclaimer or memorandum relating to a trade mark, the Registrar, before deciding upon such application, shall advertise the application in the Gaselte in order to enable any person desiring so to do to state, within one month of the advertisement, any reasons in writing against the making of the entry of the disclaimer or memorandum.

89, Where the Court has certified as provided in section 75 with regard to the validity of a registered trade mark, the registered proprietor thereof may request the Registrar on a franked Form TM-No. 39 to add to the entry in the register a note that the certificate of validity has been granted in the course of the proceedings, which shall be named on the Form. An office copy of the certificate shall be sent with the request, and the Registrar shall so note in the register and publish the note in the Gaselle.

Alteration of Registered Trade Mark (Section 5r).

70. Where a person desires to apply under section 51 that his registered trade mark may be added to or altered, he shall make his application on a franked Form TM-No. 40 and shall furnish the Registrar with four copies of the mark as it will appear when so added to or altered.

71. The Registrar shall consider the application and shall, if it appears to him expedient, require the application to be advertised by the applicant in one issue of the Gazette before deciding it. Within two months from the date of such advertise- ment any person may give notice of opposition to the application on a franked Form TM-No. 41 accompanied by an unfranked duplicate of the notice, and may also send therewith a further statement of his objections in duplicate. The Registrar shall send the duplicate notice, and the duplicate of any further statement of objections, to the applicant, and the provisions of rules 24 to 31 and 34 shall apply mutalis mutandis to the further proceedings thereon. In any case of doubt any party may apply to the Registrar for directions.

72. If the Registrar decides to allow the application he shall add to or alter the mark in the register, and shall insert in the Gazelle a notification that the mark has been altered. If the mark

TI

70

the

so added to or altered has not been advertised under rule notification shall also contain a short statement of the nature of the addition or alteration and an intimation that the amended mark can be seen by the public at the Registry.

ment

73. In connexion with an application to alter a registered Advertise- trade mark the Registrar may at any time require the applicant illustra- to supply to the Government Printer a printing block satisfactory tion. to the Registrar and suitable for advertising the mark with the addition or alteration as aforesaid, if in the opinion of the Registrar an advertisement describing the addition or alteration in words would not be likely to be understood by persons interested in the matter.

Classification (Sections 8 and 54).

74. (0) For the purposes of trade marks registrations dated Classifica- before the commencement of the Ordinance goods are classified tion of

grola. in the manner appearing in Schedule 111, unless any specification Schedule

III. has been converted to Schedule IV in accordance with rule 75-

(2) For the purposes of trade marks registrations dated on or after the date of the commencement of the Ordinance, and of registrations of registered users thereunder, and for the purposes of any registrations dated before the commencement of the Ordinance whereof the specifications have been converted in accordance with rule 75. goods are classified in the manner appearing in Schedule IV.

Schedule

IV.

for con-

75. (1) Where the specification of a registered trade mark is Applica- founded on Schedule 111 the registered proprietor may apply to tion by

registered the Registrar on a franked Form TM-No. 42 for the conversion proprietor of that specification so that it may he founded on Schedule IV, version of whether with or without the striking out of goods therefrom, but specifice- so that the registration retains its original date, and he shall tion. include in the application a request for the like conversion of the specification of the goods of any registered users under that registration.

(2) After receipt of such application the Registrar, in accordance with section 54(3), shall send to the registered pro- prietor a proposal showing the form which, in the Registrar's view, the amendment of the register should take.