14876-1910-Rules-under-the-Trade-Marks-Ordinance-1909 — Page 7

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THE HONGKONG GOVERNMENT GAZETTE, JANUARY 7, 1910.

Signature of request.

Statutory declaration in support of request.

Proof of title.

Indorsement of assign-

ment on

proprietor of the trade mark, so as to show the manner in which and the person or persons to whom the trade mark has been assigned or transmitted, and so as to show further that it has been so assigned or transmitted in connection with the goodwill of the business concerned in the goods for which the trade mark has been registered,

52. Such request shall in the case of an individual be made and signed by the claimant, and in the case of a firm or partnership by one or more members of such firm or partnership, and in the case of a body corporate shall be signed by a director or by the secretary or other principal officer of such body corporate.

53. Where the Registrar shall determine that the case sets out particulars such as entitle the claimant to be registered as proprietor of such trade mark, he may in his discretion call upon the claimant to furnish a statutory declaration in Form No. 12 verifying the several state- ments in the case and declaring that the particulars given comprise every material fact and document affecting the proprietorship of the trade mark claimed by such request.

54. In any case the Registrar may call on any person who desires to be registered as proprietor of a trade mark for such proof or additional proof of title and of the txistence and ownership of such goodwill as aforesaid as hee Registrar may require for his satisfaction.

55. The Registrar shall, at the request of a person who has become entitled to a registered trade mark by assign- certificate of ment, transmission, or other operation of law, made upon registration. Form No. 1, indorse upon the original certificate of registration a statement of the alteration in the pro- prietorship of the mark.

RENEWAL,

Itenewal of 56. At any time not more than six months before the registration, expiration of the last registration of a trade mark any person may leave at the Office a fee for the renewal of the registration of the mark upon Form No. 14. Such person shall indorse upon such form his name and address, and before taking any further stop the Registrar may require such person to furnish within five days an authority to pay such fee sigued by the registered proprietor, and if such person does not furnish such authority, may return such fee and treat it as not received.

Notification

of ree ipt of renewal fee.

Notice before

removal of trade mark from

register.

Advertise-

payment.

57. When he does not require such authority, the Re- gistrar shall upon receipt of such fee communicate with the person paying the fee or at his discretion with the registered proprietor at his registered address, stating that the fee has been received and that the registration will in due course be renewed.

58. At a date not less than three months and not more than four months before the expiration of the List registrn- tion of a mark, if no fee upon Form No. 14 has been received, the Registrar shall send to the registered pro- prietor at his registered address a notice in the Form No. 15.

59. If at the date of the expiration of the last registra- ment of non- tion of a mark the renewal fee has not been paid, the Registrar shall advertise the fact forthwith in the Gazette, and if within one month of such advertisement the renewal fee upon Form No. 14, together with an additional fee upon Form No. 16, is received, he may renew the re- gistration without removing the mark from the register.

Removal of trade mark from register.

60. Where after one month from such advertisement such fees have not been paid, the Registrar may remove the mark from the register as on the date of the expiration of the last registration, but may upon payment of the renewal fee upon Form No. 14, together with the addi- tional fee upon the Form No. 17, restore the mark to the register if satisfied that it is just so to do, and upon such conditions as he may think fit to impose.