1954-HKRS29-8-21_Part04 — Page 33

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(3) Two or more registrations of a trade mark in respect of goods falling within the same class of Schedule IV, having the same date of registration, may be amalgamated upon conversion in accordance with this rule.

Advertise- 76. (1) The proposal for amendment under section 54(3) iment of

shall be advertised by the applicant in one issue of the Gazette. proposed conversion. Notice of any opposition shall be given on a franked Form Opposition. TM-No. 43 within two months from the date of the advertise- ment, and shall be accompanied by an unfranked duplicate of the notice and by a statement in duplicare showing how the proposed conversion would be contrary to section 54(2).

tion.

(2) The Registrar shall send the duplicate copies to the registered proprietor, who shall, within one month from the date of the Registrar's letter sending such duplicates, send to the Registrar a counter-statement setting out fully the grounds on which the opposition is contested. The counter-statement shall be accompanied by a duplicate, which the Registrar shall forth- with send to the opponent.

(3) The Registrar may then require or admit evidence directed to the questions in issue, and if so desired by either party he shall, before deciding the matter, give the parties an opportunity of being heard thereon.

Conversion 77. (1) When a proposal for the conversion of a specifica- of specifica- tion in accordance with rule 75 has been advertised and has not been opposed, and the time for notice of opposition has expired, or having been opposed the opposition has been determined and a conversion allowed, the Registrar shall make all the entries in the register necessary to give effect to the conversion in accordance with the proposal as advertised, or the proposal as amended after opposition or appeal thercon, and shall enter in the register the date when such entries were made.

(2) For the purpose of determining the next renewal of a registration the specification of which has been so converted the expression "the expiration of the last registration" shall have regard to the same date as it had, in accordance with section 45, with regard to the registration before conversion.

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Defensive Trade Marks (Sections 55 to 57).

section 55.

78. An application for the registration of a defensive trade Applica, mark under section 55 shall be made, addressed and sent to the tion, under Registrar on a franked Form TM-No. 44, and shall be accom- panied by a statement of case setting forth full particulars of the facts on which the applicant relies in support of his application, verified by a statutory declaration made by the applicant or some other person approved for the purpose by the Registrar, The applicant may send with this declaration, or subsequently, such other evidence as he may desire to furnish, whether after request made by the Registrar or otherwise, and the Registrar shall consider the whole of the evidence before deciding on the applica- tion. In all other respects, and where they are appropriate and it is not otherwise stated, these rules shall apply to such applica- tions as they apply to applications for the registration of ordinary trade marks.

Registered Users (Sections 50(2) and 58 to 63).

79. An application to the Registrar for the registration under Applica- section 58 of a person as a registered user of a registered trade tion for

entry of mark shall be made by that person and the registered proprietor registered an a franked Form TM-No,

Leer.

45.

80. The entry of a registered user in the register shall state Entry and the date on which it was made. In addition to the trade or busi- notifica.

tion. ness address of the registered user it may include an address for service, if an application by him on franked Form TM-No. 38 has been approved. A notification in writing of the registration of a registered user shall be sent to the registered proprietor of the trade mark, to the registered user, and to every other registered user whose name is entered in relation to the same registration of a trade mark, and shall be inserted in the Gazette.

81. An application by the registered proprietor of a trade Applica- mark for the variation of the registration of a registered user of tion of

registered that trade mark under paragraph (a) of section 60(1) shall be male proprietor on a franked Form TM-No. 46, and shall be accompanied by to vary

entry. a statement of the grounds on which it is made, and, where the registered user in question consents, by the written consent of that registered user.