1954-HKRS29-8-21_Part04 — Page 27

Exhibits.

Hearing.

Extension of time.

Withdrawal of appeal.

Advertise- ment of Lrade mark as

amended

under

section 16(9).

60

19. Where there are exhibits to statutory declarations left with the Registrar in an opposition, copies or impressions of the exhibits shall be sent to the other party on his request, and at his expense, or if such copies or impressions cannot conveniently be furnished, the originals shall be left with the Registrar so that they may be open to inspection. The original exhibits shall be produced at the hearing unless the Registrar otherwise directs.

30. (1) Upon completion of the evidence the Registrar shall give notice to the parties of a date when he will hear the arguments in the case. The appointment shall be for a date at least fourteen days after the date of the notice, unless the parties consent to a shorter notice. Within seven days from the receipt of the notice any party who intends to appear shall so notify the Registrar on a franked Form TM-No. 8. A party who receives notice as aforesaid and who does not, within seven days from the receipt thereof, so notify the Registrar on Form TM---No. 8 may be treated as not desiring to be heard and the Registrar may act accordingly.

(2) The Registrar shall communicate to the parties, in writing, his decision and the grounds of his decision, within thirty days of the termination of the hearing.

31. Where in opposition preceedings an extension of time is granted under rule g1 to any party, the Registrar may there- after, if he thinks fit, without giving the party so favoured a bearing, grant any reasonable extension of time to the other party in which to take any subsequent step.

32. Where under section 15(8) an appellant is entitled to withdraw his appeal, the withdrawal shall be effected by notice given to the Registrar and to the other parties, if any, to the appeal within seven days after the leave referred to in that section has been obtained.

33. When under section 15(9) permission is given for a Trade mark to be modified, the Registrar shall require the mark as amended to be advertised in one issue of the Gazette.

61

f

for costs.

uncon-

34. (0) Where a party giving notice of opposition or an Costs; applicant sending a counter-statement after receipt of a copy Security such a notice neither resides nor carries on business in the Colony, Costa in the Registrar may require him to give security, in such form tested as the Registrar may deem sufficient, for the costs of the pro- cases. ceedings before the Registrar, for such amount as to the Registrar may seem su, and at any stage in the opposition proceedings may require further security to be given at any time before giving his decision in the case.

(2) In the event of an opposition being uncontested by the applicant, the Registrar in deciding whether costs should be awarded to the opponent shall consider whether proceedings might have been avoided if reasonable notice had been given by the opponent to the applicant before the notice of opposition was lodged.

Registration of a Trade Murk (Section 17).

36. (1) As soon as may be after the expiration of two months Entry in from the date of the advertisement in the Guzette of any application reglater. for the registration of a trade mark, the Registrar shall, subject to any opposition and the determination thereof, and subject to the provisions of section 17(1), and upon payment of the pres- cribed fee on a franked Form TM-No. 9, enter the trade mark in the register. The entry of a trade mark in the register shall give the date of the registration, the goods in respect of which it is registered, and all particulars named in section 3. and such other particulars as the Registrar may deem necessary.

(a) In the case of an application which the Registrar accepts only after the applicant has lodged the written consent to the pro- posed registration of the registered proprietor of another trade mark or another applicant for registration, the aforesaid entry in the register shall state that it is "BY CONSENT", and sha!| give the number of the previous registration or the application for registration.

(3) When a trade mark has been entered in the register, the registration shall be advertised in the Gaselle.

before

38. In the case of the death of any applicant for the registra- Death of tion of a trade mark after the date of his application, and before applicant the trade mark applied for has been entered in the register, the registra- Registrar, after the expiration of the prescribed period of adver- tion,