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THE HONGKONG GOVERNMENT GAZETTE, DECEMBER 10, 1909.
Restriction
on registra- tion.
5 Edw. 7 c. 15 s. 11.
Application for registra
tion.
/h. s. 12.
Advertise- ment of
Ib. s. 13.
11. It shall not be lawful to register as a trade mark or part of a trade mark any matter, the use of which would by reason of its being calculated to deceive or otherwise be disentitled to protection in a Court of Justice, or would be contrary to law or morality, or any scandalous design.
Registration of Trade Marks.
12.-(1) Any person claiming to be the proprietor of a trade mark who is desirous of registering the same must apply in writing to the Registrar in the prescribed
manner.
(2) In the case of an application for registration of a trade mark under section 9 (5) which does not fall within the descriptions in section 9 (1), (2), (3) or (4) the Registrar shall refer the application to the Governor or to the Court, at the option of the applicant, for an order thereon.
(3) Subject to the provisions of this Ordinance the Registrar may refuse an application, or may accept it absolutely or subject to conditions, amendments, or modifications.
(4) In case of any such refusal or conditional accept- ance the Registrar shall, if required by the applicant, state in writing and communicate to the applicant the grounds of his decision and the materials used by him in arriving at the same, and such decision shall be subject to appeal to the Governor or the Court at the option of the applicant. The Tribunal shall, if required, hear the applicant and the Registrar, and shall make an order determining whether, and subject to what conditious, amendments, or modifications, if any, the application is to be accepted.
(5) Appeals under this section shall be heard on the materials so stated by the Registrar to have been used by him in arriving at his decision, and no further grounds of objection to the acceptance of the application shall be allowed to be taken by the Registrar, other than those stated by him, except by leave of the Tribunal hearing the appeal. Where any further grounds of objection are taken the applicant shall be entitled to withdraw his application without payment of costs on giving notice.
(6) The Registrar or the Governor or the Court as the case may be, may at any time, whether before or after acceptance, correct any error in or in connection with the application, or may permit the applicant to amend his application upon such terms as they may think fit.
13. When an application for registration of a trade mark has been accepted, whether absolutely or subject to registration conditions, the applicant shall, as soon as may be after such acceptance, cause the application, as accepted, to be advertised in the prescribed manner. Such advertisement shall set forth all conditions subject to which the applica- tion has been accepted.
Opposition
to registra tion. Ib, s. 14.
14.-(1) Any person may, within the prescribed time from the date of the advertisement of an application for registration of a trade mark, give notice to the Registrar of opposition to such registration.
(2) Such notice shall be given in writing in the pre-
scribed manner and shall include a statement of the grounds of opposition.
(3) The Registrar shall send a copy of such notice to the applicant and, within the prescribed time after the receipt of such notice, 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 counter-statement, the Registrar shall furnish a copy thereof to the persons giving notice of opposition, and shall, after hearing the parties, if so required, and considering the evidence, decide whe- ther, and subject to what conditions, registration is to be permitted.
(5) The decision of the Registrar shall be subject to appeal to the Court or, with the consent of the parties, to the Governor.
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