1954-HKRS29-8-21_Part04 — Page 23

Citation.

1.

Inter- pretation.

Unaccept-

52

TRADE MARKS RULES, 1954.

These rules may be cited as the Trade Marks Rules, 1954.

2. In these rules, unless the context otherwise requires- "agent" means an agent duly authorized to the satisfaction of the Registrar in accordance with paragraph (2) of rule 102; "franked" means machine-franked by the Accounts Office of the Registrar General's Department in acknowledgment of receipt of a fee payable under Schedule 1 to these rules; "Registry" means the Trade Marks Registry, Hong Kong: "section" means a section of the Ordinance, a subsection being indicated by a number enclosed in brackets immediately following the number of the section;

"specification" means the designation of goods in respect of which a trade mark, or a registered user of a trade mark, is registered or proposed to be registered,

Registrability of Trade Marks (Sections 9 to 12). Preliminary Advice (Section 73).

3. (1) The Registrar may refuse to accept any application able words for the registration of a mark upon which any of the following

and

representa

tions.

appear-

(a) The words "Patent", **Patented". "Registered". "Registered Design", "Copyright", **Entered at Stationers' Hall", "To counterfeit this is a forgery'', or words to like effect.

(b) Representations of Their Majesties or any member of the Royal Family, or any colourable imitations thereof.

(c) The words "Red Cross" or "Geneva Cross' and repre- sentations of the Geneva and other crosses in red, or of the Swiss Federal cross in white on a red ground or silver on a red ground, or such representations in a

similar colour or colours.

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(2) Where there appears in a trade mark the registration of which is applied for a representation of a cross in any colour, not being one of those mentioned in sub-paragraph (c) of paragraph (1), the Registrar may require the applicant as a condition of acceptance to undertake not to use the cross device in red, or in white on a red ground or silver on a red ground, or in any similar

colour or colours.

(3) Representations of exhibition medals and awards that have been granted to an applicant or his predecessor in business in respect of the goods for which a trade mark is proposed to he registered may appear on the mark but shall not be accepted as a registrable feature thereof. Representations of medals and awards that have not been so granted to the applicant or his pre- decessor in business may not appear on the mark.

4.

Arnis.

etc.

Representations of the Royal or Imperial Arms. crests, Royal armorial bearings or insignia, or devices so nearly resembling them as to be likely to lead to mistake, or of British Royal or Imperial crowns, or of the Royal, Imperial or National flags, or the words "Royal" or "Imperial" or any other words, letters, or devices likely to lead persons to think that the applicant either has or recently has had Royal patronage or authorization, or the word "Anzac" may not appear on trade marks the registration of which is applied for.

5.

Where a representation of the armorial bearings, insignia. Armorial orders of chivalry, decorations, Rags or devices of any state, city, agnia. bearings. borough, town, place, society, body corporate, institution or person flags, etc. appears on a mark, the Registrar. hefore proceeding to register the mark, may require to be furnished with a consent to the regis- tration and use of such emblems from such official or other person as appears to the Registrar to be entitled to give consent, and in default of such consent he may refuse to register the mark.

6.

persons

Where the name or representation of any person appears Living on a trade mark, the Registrar shall, if he so require, before persons ar proceeding to register the mark be furnished with consent from recently him or, in the case of a person recently dead, from his legal dead. representatives, and in default of such consent he may refuse to register the mark.