**
Opposition
on the
ground of brale mark already on
10. Where the ground, or one of the grounds, of oppo- sition is that the applicant is applying for the registration of a trade mark identical with one already on the register with respect to the same goods or description of goods, or the register. having such resemblance to a trade mark already on the register with respect to such goods or description of goods as to be calculated to deceive, the notice shall state the date of registration, and. if practicable, the utuber on the register of such trade mark already on the register.
Opponent's eridence.
Applicant's evillence.
Evidence in reply.
Closing of
evidence.
Considera- tion of evi- dence by the Attorney General.
Decision,
Death of
applicant
before
registration.
Request by subsequent proprietor.
Contents of request.
Declaration
No nemom-
Pony
request.
11. Within two months (unless the Colonial Secretary shall extend the time) from the date of the notice of oppo- sition the opponent must forward to the Office of the Colonial Secretary snel evidence, by way of statutory declaration, as he may desire to adduce in support of his opposition, and deliver a copy thereof to the applicant.
12. Within one month, (unless the Colonial Secretary shall extend the time) from the delivery of the opponent's copy of his statutory declarations the applicant shall forward to the Office of the Colonial Secretary his evidence, by way of statutory declaration, in answer and deliver to the opponent a cupy thereof; and within fourteen days (unless the Colonial Secretary shall enlarge the time) from such delivery, the opponent must forward to the Office of the Colonial Secretary, his evidence by way of statutory declaration in reply, and deliver to the applicant a copy thereof. Such last-mentioned evidence shall be confineil to matters strictly in reply.
13. No further evidence shall be delivered on either side, except by leave of the Colonial Secretary, upon the written consent of the parties duly notified to kini or by special leave of the Colonial Secretary given ou an application made to bin, of which application due notice shall be given by the party su upplying to the opposite party, who shall be entitled to oppose the application.
14. On completion of the evidence and on payment of the prescribed fee the matter shall be referred to the Attorney General who shall consider the evidence and report his opinion to the Colonial Secretary. If, however, the Attorney General desires to hear the parties before deciding, he shall appoint a time for such hearing and shall give the parties at least seven days' notice of such appointment.
15. After receiving the Attorney General's report the Governor shall decide the matter and notify his lucision, through the Colonial Secretary, to the parties. alecisiou shall be final.
REGISTER OF TRADE MARKS.
Snoh
16. In case of the death of any applicant for a trade mark after the date of his application, and before the trade mark applied for has been entered on the registar, the Governor, after the expiration of the prescribed period of advertisement, may, on being satisfied of the applicant's death, enter on the register, in place of the name of such deceased applicant, the name, address, and description of the person owning the good-will of the business, if such ownership be proved to the satisfaction of the Governor.
17. Where a person becomes entitled to a registered trade mark by assigment, transmission, or other operation of law, a request for the entry of his name in the register us proprietor of the trade mark should be addressed to the Colonial Secretary sigued by the person desiring to be registered as proprietor. In the case of a firm or corporation the provisions of rule i us to signatures slait apply.
18. Every such request sbull state the name, address, and description of the person claiming to be entitled to the trade mark (hereinafter called the claimant), and the pur- ticulure of the assignment, transmission, or other operation of law, by virtue of which he requires to be entered in the register as proprietor, so as to show the manner in which, and the person or persons to whom, the trade mark has been assigned or transmitted, and so as to show further that it ins been so assigned or transmitted in connexion with tho good-will of the business concerned in the particular goods or classes of goods for which the trade bark has been registered.
19. Every such request shall be accompanied by a statutory declaration to be thereunder written, verifying the several statements therein, and declaring that the par-
ticulars above described comprise every material fact and document affecting the proprietorship of the trade mark as claimed by such request.
20. The claimant shall furnish to the Colouiul Secretary Further such other proof of title and of the existence and owner- proof of ship of such good-will as aforesaid as he may require for title i his satisfaction,
required.
21. A body corporate may be registered as proprietor Body by its corporate name.
corporate.
22. Whenever a trade mark has been removed from the Reruoval of register for non-payment of any fee or otherwise and mark from whenever the registration of any trade mark has been register. cancelled the Colonial Secretary shall cause to be entered
in the register a record of such removal or cancellation and of the cause thereof.
23. If the registered proprietor of a trade mark sends Alteration to the Colonial Secretary together with the prescribed for, of address notice of an alteration in his address the Colonial Secretary register. shall alter the register accordingly.
POWER TO DISPENSE WITH EVIDENCE.
evidence.
24. Where under these Rules any person is required to Dispensing do any act or thing, or to sign any document, or to make with any declaration on behalf of himself or of any body cor- porate, or any document or evidence is required to be pro- duced to or left with the Colonial Secretary or at the Colonial Secretary's Office, and it is shown to theé satisfaction of the Colonial Secretary that from any reasonable cause such person is unable to do such act or thing, or to sign such document, or ouke such declaration, or that such document or evidence cannot be produced or left as aforesaid, it shall be lawful for the Colonial Secretary upon the production of such other evidence, and subject to such terms as he may think fit, to diepense with any such act or thing, document, declaration, or evidence.
AMENDMENTS.
25. Any document or drawing or other representation Amendment
ments.
of a traile mark for the amending of which no special pro- of doen. vision is made by Ordinance, may be amended, and any irregularity in procedure which, in the opinion of the Colonial Secretary may be obviated without detriment to the interests of any person, may be corrected, if the Colonial Secretary thinks fit, and on such terms as he may direct.
DECLARATIONS AND AFFIDAVITS.
26. Any statutory declarations or affidavits required by Manner in the said Orilinance and these Rules, or used in any proceed. which and ings thereunder, shall be made and subscribed as follows: persons
before (<) In the United Kingdom, before any justice of the whom,
peace, or any commissioner or other officer authorized by law in any part of the United Kingdom to taken. administer an oath for the purpose of any legal pro- ceedings;
(6) In Hongkong or in any other part of Her Ma
jesty's dominions, before any Court, judge, justice of the peace, or any officer authorized by law to administer an oath there for the purpose of a legal proceeding; and
(e) If made out of Her Majesty's dominions, before a British Minister, or person exercising the functions of a British Minister, or a British Consular Officer, or a notary public, or before a judge or magistrate. (d) Where made on behalf of a firm or partnership, the declaration or affidavit runy be made by any one or more members of such firm or partnership as the caso may be.
(e) Where made on behalf of a body corporate, the declaration or affidavit may be made by the Secretary or other principal officer of such body corporate.
declaration is to be
27. Any document purporting to have affixed, impressed, Notice of or subscribed thereto or thereon, the seal or signature of Seal of Officer any person hereby authorized to take such declaration or
taking affidavit in testimony of such declaration or affidavit having declaration been made and subscribed before him, may be admitted by to prove the Governor without proof of the genuineness of any such itself.
seal or signature, or of the official character of such person
or his authority to take such declaration or affidavit.
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