TNAG-2819-FCO40-4068-Future-of-Hong-Kong-International-Rights-and-Obligations-(IR-1993 — Page 162

CAP. 43

Trade Marks

CAP. 43

Trade Marks

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(3) Nothing in subsection (1) shall entitle the proprietor of a trade mark to recover damages for any infringement happening prior to the actual date on which his trade mark is registered under this Ordinance.

(4) An application for the registration of a trade mark under this section shall, subject to such further requirements as may be prescribed—

(a) be made in the same manner as an ordinary application under

this Ordinance; and

(b) specify-

(i) the Convention country in which the application for

protection, or the first such application, was made; and

(ii) the date on which such application for protection was made. (5) Where a person has applied for protection for any trade mark by an application which-

(a) in accordance with the terms of a treaty subsisting between any 2 or more Convention countries, is equivalent to an application duly made in any one of those Convention countries; or (b) in accordance with the law of any Convention country, is equivalent to an application duly made in that Convention country,

he shall be deemed for the purposes of this section to have applied in that Convention country.

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(6) In this section “Convention country” means—

(a) the United Kingdom;

(b) any country (including any colony, protectorate or territory subject to the authority or under the suzerainty of another country, or territory administered by another country) for the time being specified in the Schedule.

(7) The Governor may by order published in the Gazette-

(a) add to the Schedule-

(i) the name of any country which has acceded to the Paris Convention for the Protection of Industrial Property 1883, as revised at Brussels in 1900, at Washington in 1911, at the Hague in 1925, at London in 1934, at Lisbon in 1958 and at Stockholm in 1967, and as the same may be revised from time to time;

(ii) the name of any colony, protectorate or territory subject to the authority or under the suzerainty of another country (other than the United Kingdom), or territory administered by another country (other than the United Kingdom), on behalf of which such other country has acceded to the said Convention;

(b) delete from the Schedule the name of any country which has denounced the said Convention, or the name of any colony,

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protectorate or territory on behalf of which the said Convention has been denounced;

(c) otherwise amend the Schedule.

14. Advertisement of application

(Added 55 of 1977 s. 2) [cf. 1907 c. 29. s. 91 U.K.]

When an application for registration of a trade mark has been accepted, whether absolutely or subject to conditions or limitations, the Registrar shall require the applicant to advertise it, as accepted, in the prescribed manner. The advertisement shall set forth all conditions and limitations subject to which the application has been accepted:

Provided that the Registrar may require an application for registration of a trade mark to be advertised by the applicant before acceptance-

(a) if it be made under section 9(1)(e); or

(b) in any other case where it appears to him that it is expedient by

reason of any exceptional circumstances so to do,

and where an application has been so advertised the Registrar may, if he thinks fit, require the applicant to advertise it again when it has been accepted but shall not be bound so to do.

[cf. 1938 c. 22 s. 18(1) U.K.]

15. Opposition to registration

(1) Any person may, within the prescribed time from the date of the advertisement of an application, give notice to the Registrar of opposition to the registration.

(2) The notice shall be given in writing in the prescribed manner, and shall include a statement of the grounds of opposition.

(3) The Registrar shall send a copy of the notice to the applicant, and, within the prescribed time after the receipt thereof, the applicant shall send to the Registrar, in the prescribed manner, a counter-statement of the grounds on which he relies for his application, and if he does not do so he shall be deemed to have abandoned his application.

(4) If the applicant sends such a counter-statement, the Registrar shall furnish a copy thereof to the person giving notice of opposition, and shall, after hearing the parties, if so required, and considering the evidence, decide whether, and subject to what conditions or limitations, if any, registration is to be permitted.

(5) The decision of the Registrar shall be subject to appeal to the Court. (6) An appeal under this section shall be made in the prescribed manner, and on the appeal the Court shall, if required, hear the parties and the Registrar, and shall make an order determining whether, and subject to what conditions or limitations, if any, registration is to be permitted.

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