1954-HKRS29-8-21_Part04 — Page 31

Advertise- ment of

FON-

payment

of renewal fee.

Removal of trade mark from

register. Restora- tion.

Record of removal.

Notice and advertise- ment of renewal and

restoration.

Applica

tion to rectify

or remove a trade mark

from the register.

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59. If at the date of the expiration of the last registration of a mark the renewal fee has not been paid, the Registrar shall advertise the fact in the Gasette, and if within one month of that advertisement the renewal fee upon a franked Form TM-No. 27 together with an additional fee upon a franked Form TM-No, 28 is received, he may renew the registration without removing the mark from the register.

60. Where, at the expiration of one month from the advertise- ment mentioned in rule 59, the fees therein mentioned have not been paid, the Registrar may remove the mark from the register as of the date of the expiration of the last registration, but may, upon payment of the renewal fee upon a franked Form TM-No. 27 together with a restoration fee upon a franked Form TM-No. 29, restore the mark to the register if satisfied that it is just so to do, and upon such conditions as he may think fit to impose.

61. Where a trade mark has been removed from the register, the Registrar shall cause to be entered in the register a record of the removal and of the cause thereof.

62. (1) Upon the renewal or restoration and renewal of a registration, a notice to that effect shall be sent to the registered proprietor and the renewal or restoration and renewal shall be advertised in the Gazette.

(2) If so requested by the registered proprietor the Registrar shall make an endorsement of the renewal on the certificate of registration,

Rectification and Correction of Register (Sections 37, 48, 49, 50 and 57).

63. An application to the Registrar under any of the sections 37, 48, 49, 50 or 57 for the making, expunging or varying of any entry in the register shall be made on a franked Form TM-No. 30, and shall be accompanied by a statement setting out fully the nature of the applicant's interest, the facts upon which he bases his case and the relief which he seeks. Where the application is made by a person who is not the registered proprietor of the trade mark in question it shall be accompanied by an unfranked copy of the application and a copy of the state- ment, and these copies will be transmitted forthwith by the Registrar to the registered proprietor.

69

64. Upon such application being made, and copy thereof Procedure on receipt transmitted to the registered proprietor, if necessary, the provi- of applica- sions of rules 24 to 31 and 34 shall apply mutalis mulandis to tion. the further proceedings thereon; but the Registrar shall not rectify the register or remove the mark from the register for the sole reason that the registered proprietor has not filed a counter- statement. In any case of doubt any party may apply to the Registrar for directions.

vention

65. Any person other than the registered proprietor alleging Inter- interest in a registered trade mark in respect of which an by third application is made on a franked Form TM-No. 30 may apply parties. to the Registrar on a franked Form TM-No. 31 for leave to intervene, stating thereon the nature of his interest, and the Registrar may refuse or grant such leave, after heating (if so required) the parties concerned, upon such conditions and terms as he may deem fit. Before dealing in any way with the applica- tion for leave to intervene the Registrar may require the applicant to give an undertaking to pay such costs as in the circumstances be may award to any party.

uader

66. An application to the Registrar under section 50(1) for Application the alteration of the register by correction, change, cancellation, section or striking out goods, or for the entry of a disclaimer or memoran- 50(1). dum, may be made by the registered proprietor of the trade mark or by such person as may satisfy the Registrar that he is entitled to act in the name of the registered proprietor. Such applications shall be made on a franked Form TM-No. 33, TM-No. 33, TM-No. 34, TM-No. 35, TM-No. 36, TM-No.

37 or TM-No. 38, as may be appropriate; but an application on Form TM-No. 35, or TM-No. 36, or TM-No. 38 shall be signed by the registered proprietor or other person entitled under this rule unless in exceptional circumstances the Registrar otherwise allows, or in the case of Form TM-No. 38 only it is signed by an agent expressly authorized for the purpose of such an application.

67. In the case of an application as in rule 66, the Registrar Evidence. may require such evidence by statutory declaration or otherwise as he may think fit as to the circumstances in which the application

is made.