1954-HKRS29-8-21_Part04 — Page 25

Series of tride marks.

Transli- teration and trans- lation.

Search.

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(b) the Registrar may also, in exceptional cases, deposit in the Registry a specimen or copy of any trade mark which cannot conveniently be shown by a representation, and may refer thereto in the register in such manner as he may think fit.

14. When application under section 3 is made for the registration of a series of trade marks under section 26, a repre- sentation of euch trade mark of the series shall be affixed, as aforesaid, to the application form, and three additional sets of representations shall be supplied therewith.

15. In ang application under section 13-

(d) where a trade mark contains a word or words in characters other than Roman, there shall, unless the Registrar otherwise directs, be endorsed on the application form a sufficient transliteration and translation to the satisfaction of the Registrar of each of such words, and every such endorsement shall state the language to which the word belongs and shall be signed by the applicant or his agent ;

and

(b) where a trade mark contains a word or words in a language other than English, the Registrar may ask for an exact translation thereof together with the name of the Janguage, and such translation and name, if he so requires, shall be endorsed and signed as aforesaid,

Procedure on Receipt of an Application for Registration of a Trade Mark.

16. Upon receipt of an application for the registration of a trade mark in respect of any goods the Registrar shall cause a search to be made, amongst the registered marks and pending applications, for the purpose of ascertaining whether there are on record in respect of the same goods or description of goods any marks identical with the mark applied for, or so nearly resembling it as to render the mark applied for likely to deceive or cause confusion.

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17. After such search, and consideration of the application, Acceptance,

absolute and of any evidence of use or of distinctiveness or of any other or con- matter which the applicant may or may be required to furnish, ditional;

objection. the Registrar may accept the application absolutely, or he may object to it, or he may express his willingness to accept it subject to such conditions, amendments, disclaimer, modifications or limitations as he may think right to impose.

18. If the Registrar objects to the application, he shall inform Registrar's

objections. the applicant of his objections in writing, and unless within one Hearing. month the applicant applies for a hearing or makes a considered reply in writing to those objections he shall be deemed to have withdrawn lus application.

etc.

18. (0) If the Registrar is willing to accept the application Registrar's subject to any conditions, amendments, disclaimer, modifications conditions. or limitations, he shall communicate such willingness to the Hearing applicant in writing, and, if the applicant objects to sueli condi- tions, antendments, disclaimer, modifications, or limitations he shall within one month from the date of the communication apply for a hearing or communicate his considered objections in writing, and if he does not du su he shall be deemed to have withdrawn his application. If the applicant does not object to such con- ditions, amendments, disclaimer, mudifications or limitations, he shall forthwith notify the Registrar in writing, and alter his application accordingly.

(2) The Registrar may require that a transliteration or translation of a word trade mark, or the name of a device trade mark, appears on the mark in Chinese characters if in his opinion this is necessary to avoid the likelihood of deception or confusion and for the protection of the public.

20. (1) The decision of the Registrar, at a hearing as in Decision of rule 18 or rule 19, or without a hearing if the applicant has duly Registrar. communicated his considered objections or considered reply in writing, and has stated that he does not desire to be heard, shall be communicated to the applicant in writing, and if the applicant objects to such decision he may within one month by applying upon a franked Form TM-No. 5 require the Registrar to slate in writing the grounds of, and the materials used by him in arriving at, his decision.