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798

THE HONGKONG GOVERNMENT GAZETTE, OCTOBER 8, 1909.

Preliminary.

Interpre- tation.

Feer

Forms.

Classifica- tion of goods.

Documents.

Service of documents.

Address.

Rules made by the Governor-in-Council under the provisions of Section 57 of the Trade Marks Ordinance, 1909, (Ordinance No. of 1909),

day of

this

1909.

PRELIMINARY.

1. These Rules may be cited as the Trade Marks Rules 1909 and they shall come into operation on the

1309.

INTERPRETATION,

day of

2. In the construction of these Rules any words herein used the meaning of which is defined in the Trade Marks Ordinance 1909 shall have the meaning therein assigned to them.

"The Ordinance " shall mean the Trade Marks Ordin- ance 1909.

"Agent" shall mean an agent duly authorised to the satisfaction of the Registrar.

Old mark" shall mean a trade mark which is registered in the United Kingdom as a mark which was used by the owner or his predecessors in business before the 13th August, 1875.

FEES.

3. The fees to be paid in pursuance of the Ordin- ance shall be the fees specified in the First Schedule to these Rules. Such fecs shall be paid by adhesive stamps to be cancelled by the Registrar,

FORMS.

4. The forms herein referred to are the forms contained in the Second Schedule to these Rules, and such forms shall be used in all cases to which they are applicable, and shall be modified as directed by the Registrar to meet other

cases.

CLASSIFICATION OF Goods.

5. For the purposes of trade warks registration and of these Rules goods are classified in the manner appearing in the Third Schedule hereto,

If any doubt arises as to what class any particular description of goods belongs to, the doubt shall be deter- mined by the Registrar.

DOCUMENTS.

6. Subject to any other directions that may be given by the Registrar, all applications, notices, counter- statements, papeis having representations affixed, or other documents required by the said Ordinance or by these Rules to be left with or sent to the Registrar shall be upon foolscup paper of a size of approximately 1 inches by & inches, and shall have on the left hand part thereof a margin of not less than one inch and a half.

7. Any application, statement, notice, or other docu- ment authorised or required to be left, made or given at the Office of the Registrar, or to or with the Registrar, or with or to any other person may be sent through the post by a registered prepaid or official-paid letter; any document so sent shall be deemed to have been delivered at the time when the letter containing the same would be delivered in the ordinary course of post, and in proving such service or sending, it shall be sufficient to prove that the letter was properly addressed and put into the post. A letter addressed to a registered proprietor of a trade mark at his address as it appears on the register or address for service, or to any applicant for or person opposing the registration of a trade mark at the address appearing in the application or notice of opposition or given for service as hereinafter provided shall be deemed to be sufficiently addressed.

8. Where any person is by the Ordinance or these Rules bound to furnish the Registrar with an address the following provisions shall apply

The address given shall in all cases be as full as possible, for the purpose of enabling any person easily to find the place of business of the person whose address is given.

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