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CAP. 43
Trade Marks
CAP. 43
Trade Marks
Appendix A
into consideration by any tribunal having to decide on the distinctive character of the trade mark.
(2) If and so far as a trade mark is registered without limitation of colour, it shall be deemed to be registered for all colours.
12. Restriction on registration
[cf. 1938 c. 22 s. 16 U.K.}
(1) It shall not be lawful to register as a trade mark or part of a trade mark any matter the use of which would be likely to deceive or would be disentitled to protection in a court of justice or would be contrary to law or morality, or any scandalous design. [cf. 1938 c. 22 s. 11 U.K.]
(2) No word which is the commonly used and accepted name of any single chemical element or single chemical compound, as distinguished from a mixture, shall be registered as a trade mark relating to goods in respect of a chemical substance or preparation, and any such registration in force at the commencement of this Ordinance or thereafter shall, notwithstanding anything in section 30, be deemed for the purposes of section 48 to be an entry made in the register without sufficient cause, or an entry wrongly remaining on the register, as the circumstances may require: (Amended 44 of 1991 s. 53)
Provided that the foregoing provisions of this subsection shall not have effect in relation to a word which is used to denote only a brand or make of the element or compound as made by the proprietor or a registered user of the trade mark, as distinguished from the element or compound as made by others, and in association with a suitable name or description open to the public use. [cf. 1938 c. 22 s. 15(3) U.K.]
REGISTRATION OF TRADE MARKS
13. Application for registration
(1) Any person claiming to be entitled to be registered as the proprietor of a trade mark used or proposed to be used by him who is desirous of registering it must apply in writing to the Registrar in the prescribed manner for registration either in Part A or Part B of the register.
(2) Subject to the provisions of this Ordinance, the Registrar may refuse the application, or accept it absolutely or subject to such conditions, amendments, modifications, or limitations, if any, as he may think right.
(3) In the case of an application for registration of a trade mark (other than a certification trade mark) in Part A of the register, the Registrar may, if the acant is willing, instead of refusing the application, treat it as an applicon for registration in Part B and deal with the application accordingly.
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(4) In the case of a refusal or conditional acceptance, the Registrar shall, if required by the applicant, state in writing the grounds of his decision and the materials used by him in arriving thereat, and the decision shall be subject to appeal to the Court.
(5) An appeal under this section shall be made in the prescribed manner, and on such appeal the Court shall, if required, hear the applicant and the Registrar, and shall make an order determining whether, and subject to what amendments, modifications, conditions or limitations, if any, the application is to be accepted.
(6) Appeals under this section shall be heard on the materials stated as aforesaid by the Registrar to have been used by him in arriving at his decision, and no further grounds of objection to the acceptance of the application shall be allowed to be taken by the Registrar, other than those so stated as aforesaid by him, except by leave of the Court. Where any further grounds of objection are taken, the applicant shall be entitled to withdraw his application without payment of costs on giving notice as prescribed.
(7) The Registrar or the Court, as the case may be, may at any time, whether before or after acceptance, correct any error in or in connexion with the application, or may permit the applicant to amend his application upon such terms as the Registrar or the Court may think fit.
[cf. 1938 c. 22 s. 17 U.K.]
13A. Priority for application made in Convention country
(1) Subject to subsection (2), any person who has applied for protection for any trade mark in a Convention country, or his legal representative or assignee, shall be entitled to registration of his trade mark under this Ordinance in priority to other applicants and, subject to subsection (2A), the registration shall have the same date as the date of the application in the Convention country. (Amended 44 of 1991 s. 9)
(2) For the purposes of obtaining priority under subsection (1), the application for registration of the trade mark under this Ordinance must be made within 6 months from-
(a) the date of application for protection in the Convention country; or (b) where more than one such application for protection has been
made, from the date of the first application.
(2A) Where an application for protection for a trade mark relating to services was made in a Convention country before the date on which the Trade Marks (Amendment) Ordinance 1991 (44 of 1991) came into force, a trade mark relating to services registered on an application under this section made within the period specified in subsection (2) shall be registered as of that date. (Added 44 of 1991 s. 9)
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