1954-HKRS29-8-21_Part04 — Page 15

Application for regis Lration as certifica.

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registrabic as a certification trade mark in Part A of the register in respect of those goods in the name, as proprietor thereof, of that person ♪

Provided that a mark shall not be so registrable in the namıç of a person who carries on a trade in goods of the kind certified. (2) In determining whether a mark is adapted to distinguish as aforesaid, the tribunal may have regard to the extent to which-

(a) the mark is inherently adapted to distinguish as aforesaid

in relation to the goods in question; and

(b) by reason of the use of the mark or of any other circum- stances, the mark is in fact adapted to distinguish as aforesaid in relation to the goods in question.

65, (1) An application for the registration of a murk under section 64 shall be made to the Registrar in writing in the pre- scribed manner by the person proposed to be registered as the tion trade proprietor thereof.

mark.

(2) The provisions of subsection (2) and of subsections () Lo (7) of section 13 shall have effect in relation to an application under this section as they have effect in relation to an application under subsection (1) of section 13.

(3) In dealing under the said provisions with an application under this section the tribunal shall have regard to the like con- siderations, so far as relevant, as if the application were an application under section 13 and to any other considerations relevant to applications under this section, including the desir- ability of securing that a certification trade mark shall comprise some indication that it is such a trade mark.

(4) An applicant for the registration of a mark under this section shall transmit to the Registrar draft regulations for governing the use thereof, which shall include provisions as to the cases in which the proprietor is to certify goods and to authorize the use of the trade mark, and may contain any other provisions that the Registrar may require or permit to be insertedi therein (including provisions conferring a right of appeal to the Registrar against any refusal of the proprietor to certify goods or to authorize the use of the trade mark in accordance with the regulations). The regulations, if approved, shall be deposited with the Registrar and shall be open to inspection in like manner as the register.

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(5) The Registrar shall consider the application with regard to the following matters-

(a) whether the applicant is competent to certify the goods

in respect of which the mark is to be registered; (6) whether the draft regulations are satisfactory; and (c) whether in all the circumstances the registration applied

for would be to the public advantage;

and may either-

(i) refuse to accept the application; or

(ii) accept the application, and approve the regula- tions, either without modification and unconditionally or subject to any conditions or limitations, or to any amendments or modifications of the application or of the regulations, which he may think requisite having regard to any of the matters aforesaid:

but, except in the case of acceptance and approval without modi- fication and unconditionally, the Registrar shall not decide the matter without giving to the applicant an opportunity of being heard:

Provided that the Registrar may, at the request of the applicant, consider the application with regard to any of the matters aforesaid before the application has been accepted, so however that the Registrar shall be at liberty to reconsider any matter on which he has given a decision under this proviso if any amendment or modification is thereafter made in the applica- tion or in the draft regulations.

(6) Any decision of the Registrar under this section shall be subject to appeal to the Court.

66. (1) When an application for the registration of a Advertise- certification trade mark has been accepted, whether absolutely ment of

applica- or subject to conditions and limitations, the Registrar shall tion. require the applicant to advertise it, as accepted, in the prescribed Opposition

to registru. manner, and the provisions of section 15 shall have effect in tion. relation to the registration of the mark as if the application had been an application under section 13:

Provided that, in deciding under the said provisions, the Registrar shall have regard only to the considerations referred to in subsection (3) of section 65, and a decision under the said provisions in favour of the applicant shall be conditional on the