THE HONGKONG GOVERNMENT GAZETTE, OCTOBER 8, 1909.
67. Upon receiving each application the Registrar shall Notice of give the person applying ten days' notice of a time when hearing.
be may heard by himself or his agent.
Within five days from the date when such notice would be delivered in the ordinary course of post the person applying shall notify the Registrar whether or not he intends to be heard on the matter.
68. The decision of the Registrar in the exercise of any Notification such discretionary power as aforesaid shall be notified to of decision. the person affected,
APPLICATIONS UNDER SECTION 24.
under
69. All applications to the Registrar under section 24 Application of the Ordinance shall be upon Form No. 19. Such ap- plication shall be accompanied by a case setting out fully section 24. the facts relating to the marks" which the Registrar is requested to permit an apportionment of.
70. Upon receipt of such request and of such case the Registrar to Registrar shall enquire into the facts and call for such enquire and evidence as he may deem necessary upon the subject of decide. such application. Before giving his decision the Registrar shall, it necessary, give the parties an opportunity of attending before him at a hearing either by themselves or by their agents.
The decision of the Registrar shall be in writing.
71. Upon any apportionment of marks under this section. Note in the Registrar shall insert in the register a note in connee- register. tion with each of the registered trade marks of the fact of such apportionment, and shall in such note refer to the date of the decision under which such apportionment has taken place.
APPLICATIONS UNDER SECTION 33.
72. Applications under section 33 to the Registrar may Application be made by the registered proprietor, or by the trustee in under bankruptcy of the registered proprietor, or where the section 33. registered proprietor is a company in liquidation by the liquidator, and in other cases by such person as the Registrar may decide to be entitled to act in the name of the registered proprietor.
73. Where such application is made the Registrar may Evidence. require such evidence by statutory declaration or other- wise as he may think fit as to the circumstances in which the application is made.
74. Where application is made to enter a disclaimer or Advertise- memorandum relating to a trade mark, the Registrar, ment of before deciding upon such application, shall advertise the application. application in the Gazette once a month for a period of three months in order to enable any person desiring so to do to state any reasons in writing against the applicant being allowed to make such disclaimer or enter such memorandum.
APPLICATION UNDER SECTION 35.
75. Where a person desires to apply under section 35 to Alteration of alter a trade mark, he shall make his application in writing, trade mark. and shall furnish the Registrar with six copies of the mark as it will appear when altered,
76. Before proceeding with such application the Regis- Advertise- trar shall advertise in the Gazette the fact that such ment of
application has been made. If no representation of the alteration
trade mark as altered is inserted in connection with the advertisement, the applicant shall supply a detailed description of the alteration proposed, and it shall be stated in the advertisement that a representation of the trade mark is deposited for inspection in the Registrar's Office.
SEARCH,
77. The Registrar, if requested so to do in writing, shall Search. canse a search to be made in any class to ascertain whether any marks are on record at the date of such search which may resemble any mark sent in duplicate to him by the person requesting such search and shall cause that person to be informed of the result of such search.
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