1954-HKRS29-8-21_Part04 — Page 26

Disclaimer.

Advertise-

ment of

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(2) In a case where the Registrar makes any requirements to which the applicant does not object, the applicant shall comply therewith before the Registrar issues such statement in writing. The date when such statement is sent to the applicant shall be deemed to be the date of the Registrar's decision for the purpose of appeal.

21. The Registrar may call on an applicant to insert in his application such disclaimer as the Registrar may think fit, in order that the public generally may understand what the applicant's rights, if his mark is registered, will be.

Advertisement of Application for Registration

of a Trade Mark (Section 14).

22. (1) An application for the registration of a trade mark application. required or permitted to be advertised by section 14 shall be

advertised by the applicant in une issue of the Gazette."

Notice of opposition.

(2) In the case of an application with which the Registrar proceeds only after the applicant has lodged the written consent to the proposed registration of the registered proprietor of another trade mark or another applicant, the words "BY CONSENT"" shall appear in the advertisement.

(3) If, with the approval of the Registrar, no representation of the trade mark is included in the advertisement of the applica- tion, the applicant shall supply a detailed description of the trade mark, approved by the Registrar, and shall state in the advertise- ment that a representation of the trade mark is deposited in the Registry for inspection.

(4) When an application relates to a series of trade marks the Registrar may, if he thinks fit, direct the applicant to insert with the advertisement of the application a statement of the manner in which the several trade marks differ from one another.

Opposition to Application for Registration of a Trade Mark (Section 15).

23. Any person may within a period of two months from the date of the advertisement of an application for registration of a trade mark give notice in writing to the Registrar of opposition

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to the registration. The notice shall be on a franked Form TM- No. 6 and shall contain a statement of the grounds upon which the opponent objects to the registration. It shall be accompanied by an unfranked duplicate which the Registrar shall send to the applicant.

*tatement.

24. Within one month from the receipt of such duplicate Counter- the applicant shall send to the Registrar a counter-statement on a franked Form TM-No. 7 setting our the grounds on which be relies as supporting his application. The applicant shall also set out what facts, if any, alleged in the notice of opposition he admits. The counter-statement shall be accompanied by an un- franked duplicate which the Registrar shall send to the opponent.

26. Within one month from the receipt of the duplicate Evidence in

Hupport of the opponent shall leave with the Registrar such evidence by way opposition. ol statutory declaration as he desires to adduce in support of his opposition. The statutory declaration shall be accompanied by a duplicate which the Registrar shall send to the applicant.

26. If an opponent leaves no evidence, he shall, unless the Evidence in Registrar otherwise directs, be deemed to have abandoned his support of

application. upposition but, if he does leave evidence, then, within one month from the receipt of the duplicate, the applicant shall leave with the Registrar such evidence by way of statutory declaration as he desires to adduce in support of his application. The statutory declaration shall be accompanied by a duplicats which the Registrar shall send to the opponent.

27. Within fourteen days from the receipt of the duplicate Evidence in copy of the statutory declaration the opponent may leave with the reply by

opponent. Registrar evidence by way of statutory declaration confined strictly to matters in reply. The statutory declaration shall be accom- panied by a duplicate which the Registrar shall send to the applicant.

28. No further evidence shall be left by either side, but in Further any proceedings before the Registrar he may at any time, if he evidence. thinks fit. give leave to either the applicant or the opponent to leave any evidence upon such terms as to costs or otherwise as the Registrar may think fit.