1954-HKRS29-8-21_Part04 — Page 34

Applica- tion by registered proprietor

or user to

cancel

entry.

Applica tion under nection

60(1)(c) to

cancel entry.

Notifica- tion and inter- vention.

Applica- Lion of reglatered User under section 50(2).

82. An application by the registered proprietor or any registered user of a trade mark for the cancellation of the regis tration of a registered user of that trade mark under paragraph (6) of section 60(1) shall be made on a franked Form: TM-No. 47, and shall be accompanied by a statement of the grounds on which it is made.

83. An application by any person for the cancellation of the registration of a registered user under paragraph (c) of section Go(1) shall be made on a franked Form TM-No. 48, and shall be accompanied by a statement of the grounds on which it is made.

لا الله

84. The Registrar shall notify in writing applications under rules 81, 82 and 83 to the registered proprietor and each registered user (not being the applicant) under the registration of the trade mark. Any person so notified who intends to intervene in the proceedings shall within two months of the receipt of such notifica- tion give notice to the Registrar on a franked Form TM-No. to that effect and shall send therewith a statement of the grounds of his intervention. The Registrar shall thereupon send copies of such notice and statement to the other parties, so that the inter- vention may be known to the applicant, the registered proprietor, the registered user whose registration is in suit, and any other registered user who intervenes. Any such party may, within such time or times as the Registrar may appoint, leave evidence in support of his case, and the Registrar after giving the parties an opportunity of being heard may accept or refuse the application or accept it subject to any conditions, amendments, modifications or limitations he may think right to impose.

85. (1) Applications under section 50(2) shall be made on a franked Form TM-No. 32, or TM-No. 33, or TM-No. 34, or TM-No. 38, as may be appropriate, by a registered user of a trade mark, or by such person as may satisfy the Registrar that he is entitled to act in the name of a registered user; and the Registrar may require such evidence by statutory declaration or otherwise as he may think fit as to the circumstances in which the application is made.

(2) In case of the registration of a registered user for a period, in accordance with paragraph (d) of section 58(3), the Registrar shall cancel the entry of the registered user at the end of that period. Where some or all of the goods are struck out

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from those in respect of which a trade mark is registered, the Registrar shall at the same time strike them out from those specifications of registered users of the trade mark in which they are comprised. The Registrar shall notify every cancellation or striking out under this paragraph to the registered users whose permitted use is affected thereby and the registered proprietor of the trade mark.

Discretionary Power (Section 74).

80. Before exercising adversely to any person any dis Hearing. cretionary power given to the Registrar by the Ordinance, or these rules, the Registrar shall, if so required, hear him on the subject.

for

87. An application for a hearing shall be made within one Application month from the date of the notification by the Registrar of any hearing. objection to an application or the date of any other indication that he proposes to exercise a discretionary power,

88. Upon receiving the application the Registrar shall send Notice of by post to the person applying ten days' nolice of a time when hearing. he may be heard. Within five days from the date when such notice would be delivered in the ordinary course of post the person applying shall notify the Registrar whether or not he intends to be heard on the subject.

89. The decision of the Registrar in the exercise of any such Notifica

tion of discretionary power as aforesaid shall be notified to the person decision. affected.

Power to Dispense with Evidence.

evidence.

90. Where under these rules any person is required to do any Dispensing act or thing, or to sign any document, or to make any declaration with on behalf of himself or of any body corporate, or any document or evidence is required to be produced to or left with the Registrar, or at the Registry, and it is shown to the satisfaction of the Registrar that from any reasonable cause such person is unable to do any such act or thing, or to sign such document, or to make such declaration, or that such document or evidence cannot be produced or left as aforesaid, it shall be lawful for the Registrar, upon the production of such other evidence, and subject to such terms as he may think fit, to dispense with any such act or thing, signature, declaration, document or evidence.