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THE HONGKONG GOVERNMENT GAZETTE, OCTOBER 8, 1909. 801
PROCEDURE ON RECEIPT OF APPLICATION.
25. On or after receipt of the application the Registrar Acknowledg- shall furnish the applicant with an acknowledgment thereof. ment of
application.
26. Upon receipt of an application for registration the search. Registrar shall cause a search to be made amongst the registered marks and pending applications for the purpose of ascertaining whether there are on record any marks for the same goods or description of goods identical with the mark applied for or so nearly resembling it as to be calculated to deceive.
27. If after such search and a consideration of the Acceptance. application the Registrar thinks there is no objection to the mark being registered, he may accept it absolutely or subject to conditions, amendments, and modifications which he shall communicate to the applicant in writing.
28. If after such search and consideration of the applica- Objections. tion any objections appear a statement of these objections shall be sent to the applicant in writing and unless within three months the applicant applies for a hearing he shall be deemed to have withdrawn his application.
29. If the Registrar accepts an application subject to any eatings. conditions, amendments, or modifications, and the applicant objects to such conditions, amendments, or modifications, the applicant shall within three months from the date of the communication notifying such acceptance apply for a hearing, and if he does not do so he shall be deemed to have withdrawn his application. If the applicant does not object to such conditions, amendments, or modifications, he shall forthwith notify the Registrar in writing.
30. The decision of the Registror at such hearing as Registrar to aforesaid shall be communicated to the applicant in writing, state and if the applicant objects to such decision he may within grounds of one month apply upon Form No. 3 requiring the Registrar to state in writing the grounds of his decision and the materials used by him in arriving at the same.
decision on request.
31. The Registrar may call on an applicant to insert in his Disclaimers. application such disclaimer as the Registrar may think fit, in order that the public generally way understand what the applicant's rights, if his mark is registered, will be. An order of the Registrar under this rule shall be subject to appeal to the Governor or the Court at the option of the applicant.
ADVERTISEMENT.
32. Every application when accepted shall be advertised Advertise- by the applicant once a month in the Gazette for a period ment of of three months.
Application.
If no representation of the trade mark is inserted in connection with the advertisement of an application the applicant shall supply a detailed description of the trade mark and shall state in the advertisement that a repre- sentation of the trade mark is deposited for inspection in the office of the Registrar.
33. When an application relates to a series of trade Advertise- marks the Registrar may, if he thinks fit, direct the ment of applicant to insert with the advertisement of the applica- series. tion a statement of the manner in respect of which the several trade marks differ from one another.
OPPOSITION TO REGISTRATION.
Opposition.
34. Any person may within a period not exceeding three months from the date of the first advertisement of an ap plication for registration of a trade mark give notice in writing to the Registrar of opposition to the registration. Such notice shall be in Form No. 4 and shall contain a statement of the grounds upon which the opponent objects opposition. to the registration. Such notice shall be accompanied by duplicate which the Registrar shall forthwith send to the applicant.
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