XN000022-1996-07-04 — Page 22

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Trade Marks (Amendment) Rules 1996

The Trade Marks (Amendment) Rules 1996, which seek to add a new rule on the notice of conversion of a trade mark application and prescribe the form and fee for filing such notice, will be gazetted tomorrow (Friday).

A spokesman for the Trade and Industry Branch said: "The Trade Marks Rules need to be amended as a consequence of the amendments made to the Trade Mark Ordinance by the Intellectual Property (World Trade Organisation Amendments) Ordinance 1996 (TRIPS Ordinance), which was enacted on May 3, 1996.

"The TRIPS Ordinance amends the Trade Marks Ordinance, among others, to bring it in line with the TRIPS standards. The relevant provisions are expected to come into operation before the end of 1996.

"As required by the TRIPS Agreement, transitional provisions were included in the TRIPS Ordinance to allow trade mark applicants whose applications are pending on the day the amendments come into operation to elect or opt to have their applications determined in accordance with the Trade Marks Ordinance, as amended by the TRIPS Ordinance."

The spokesman said: "The option would, in effect, allow an applicant to claim the enhanced protection afforded by the TRIPS Agreement.

"The option is exercised by filing a conversion notice in a prescribed form and paying an appropriate fee to the Registrar of the Trade Marks.

"The option must be exercised within six months after the amendments to the Trade Marks Ordinance come into operation," he said.

"The Rules will come into effect on a day, before the end of this year, to be appointed by the Secretary for Trade and Industry by notice in the Gazette," he added.

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