12493-1909-Bills-read-a-first-time--Appropriation- — Page 12

790

THE HONGKONG GOVERNMENT GAZETTE, OCTOBER 8, 1909.

Disclaimers.

Date of

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

(7) On the hearing of any such appeal any party may either in the manner prescribed or by special leave of the Tribunal bring forward farther material for the considera- tion of the Tribunal,

(8) In proceedings under this section no further grounds of objection to the registration of a trade mark shall be allowed to be taken by the opponent or the Registrar other than those stated by the opponent as herein-above provided, except by leave of the Tribunal. Where any fur- ther grounds of objection are taken the applicant shall be entitled to withdraw his application without payment of the costs of the opponent on giving notice as prescribed.

(9) In any appeal muder this section, the Tribunal may, after hearing the Registrar, permit the trade mark pro- posed to be registered to be modified in any manner not substantially affecting the identity of such trade mark, but in such case the trade mark as so modified shall be advertised in the proscribed manner before being regis- tered.

(10) The Registrar or, in the case of an appeal to the Governor, the Governor shall have power in proceedings under this section to award to any party costs of such proceedings or any part thereof and to direct how and by what parties and on what scale they are to be paid. Such costs shall be taxed before the Registrar of the Supreme Court and shall be recoverable in the same manner as costs in an action.

(11) If a party giving notice of opposition or of appeal neither resides nor carries on business in the Colony the Registrar or the Tribunal may require such party to give security for costs of the proceedings before it relative to such opposition or appeal and, in default of such security being duly given, may treat the opposition or appeal as abandoned.

15. If a trade mark contains parts not separately registered by the proprietor as trade marks, or if it contains matter common to the trade or otherwise of a non-distinctive character, the Registrar or the Governor or the Court, in deciding whether such trade mark shall be entered or shall remain upon the register, may require, as a condition of its being upon the register, that the proprietor shall disclaim any right to the exclusive use of any part or parts of such trade mark, or of all or any portion of such matter, to the exclusive use of which he holds him not to be entitled, or that he shall make such other disclaimer as the Tribunal may consider need- ful for the purpose of defining his rights under such registration: Provided always that no disclaimer upon the register shall affect any rights of the proprietor of a trade mark except such as arise out of the registration of the trade mark in respect of which the disclaimer is made.

16. When an application for registration of a trade registration. mark has been accepted and has not been opposed, and the time for notice of opposition has expired, or, having been opposed, the opposition has been decided in favour of the applicant, the Registrar shall register the said trade mark, and the trade mark, when registered, shall be regis- tered as of the dare of the application for registration, and such date shall be deemed for the purposes of this Ordin- ance to be the date of registration.

Certificate of

17. On the registration of a trade mark the Registrar registration. shall issue to the applicant a certificate in the prescribed form of the registration of such trade mark under the hand and seal of the Registrar.

tion of

registration.

Non-comple- 18. Where registration of a trade mark is not completed within twelve months from the date of the application by reason of default on the part of the applicant, the Regis- trar may, after giving notice of the non-completion to the applicant in writing in the prescribed manuer, treat the application as abandoned unless it is completed within the time specified in that behalf in such notice.

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