XN000022-1984-12-07 — Page 6

FRIDAY, DECEMBER 7, 1984

THE BILL IS EXPECTED TO BE PRESENTED TO THE LEGISLATIVE COUNCIL FOR FIRST READING ON DECEMBER 19 AND TO GO THROUGH THE REMAINING LEGISLATIVE STAGES ON JANUARY 9, 1985.

ANYONE WHO WISHES TO COMMENT ON THE PROVISIONS OF THE BILL MAY WRITE TO UMELCO, AT SWIRE HOUSE, 12/F, CHATER ROAD, OR TO THE ATTORNEY GENERAL'S CHAMBERS, CENTRAL GOVERNMENT OFFICES, LOWER ALBERT ROAD, HONG KONG,

TRADE MARKS CRITERIA TO BE REVISED

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THE CRITERIA FOR THE REGISTRATION OF TRADE MARKS ARE TO BE REVISED TO REMOVE THE PRESENT INHIBITION ON LOCAL MANUFACTURERS AND IMPORTERS OF FOREIGN GOODS FROM INVESTING IN THE PROMOTION OF A NEW TRADE MARK.

THE PROPOSED REVISION, UNDER THE TRADE MARKS (AMENDMENT) BILL 1984 PUBLISHED TODAY, ALSO BRINGS THE CRITERIA INTO LINE WITH THE CURRENT BRITISH REQUIREMENTS UNDER THE TRADE MARKS ACT.

A GOVERNMENT SPOKESMAN EXPLAINED THAT AT PRESENT THE REGISTER OF TRADE MARKS IN HONG KONG IS DIVIDED INTO TWO PARTS.

FOR REGISTRATION IN PART A, THE TRADE MARKS MUST BE +DISTINCTIVE, THAT IS, ADAPTED TO DISTINGUISH THE GOODS TO WHICH IT APPLIES FROM OTHER GOODS.

FOR REGISTRATION IN PART B, THE TEST IS LESS STRINGENT, AND THE TRADE MARK ONLY HAS TO BE CAPABLE OF DISTINGUISHING+ THE GOODS IN QUESTION AND HAS TO HAVE BEEN USED FOR TWO YEARS.

UNDER THE AMENDMENT BILL, FOR PART B REGISTRATIONS, THE TWO-YEAR REQUIREMENT WOULD BE ABOLISHED AND A TRADE MARK COULD BE CONSIDERED +CAPABLE OF DISTINGUISHING+ THE GOODS BY REASON OF USE OR ANY OTHER CIRCUMSTANCES. FURTHERMORE, THE REGISTRAR OF TRADE MARKS WOULD HAVE DISCRETION, AS HE NOW HAS FOR PART A REGISTRATION, TO ACCEPT OR REFUSE APPLICATIONS FOR PART B REGISTRATION,

THE BILL WILL BE INTRODUCED INTO THE LEGISLATIVE COUNCIL ON DECEMBER 19 AND IS EXPECTED TO RECEIVE ITS THIRD READING ON JANUARY 9, 1985.

ANYONE WHO WISH TO COMMENT ON ITS PROVISIONS MAY WRITE TO UMELCO, AT SWIRE HOUSE, 12TH FLOOR, CHATER ROAD, OR TO THE REGISTRAR GENERAL, AT THE CENTRAL GOVERNMENT OFFICES (WEST WING), ICE HOUSE STREET, HONG KONG.

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