THE HONGKONG GOVERNMENT GAZETTE, SEPT. 28, 1906.
17.--(1) Any person may, within a period not exceed- Opposition ing three months from the date of the first advertisement to regis 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 duplicate and shall include a statement of the grounds of opposition. It shall be signed by the opponent or his agent and shall contain an address for service in Hongkong.
(3) The Registrar shall send a copy of such notice to the applicant and within a period of two months after the receipt of such notice, unless the Registrar shall extend the time, the applicant shall send to the Registrar a counter-statement, by way of statutory declaration. in duplicate, 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 deliver a copy thereof to the person giving notice of opposition, and within fourteen days from such delivery, unless the Registrar shall extend the time, the opponent or his agent shall forward to the Registrar his evidence by way of statutory declaration in duplicate in reply. Such evidence shall be confined to matters strictly in reply.
(5) No further evidence shall be delivered on either side, except by leave of the Registrar, upon the written consent of the parties duly notified to him or by special leave of the Registrar given on an application made to him, of which application due notice shall be given by the party so applying to the opposite party, who shall be entitled to oppose the application.
(6) On completion of the evidence and on payment of the prescribed fee the matter shall be referred to the Attorney General who shall consider the evidence and submit his report to the Governor. If, however, any party desires to appear before the Attorney General either in person or by Solicitor or Counsel, the Attorney General shall appoint a time for the hearing and shall give the parties at least seven days' notice of such appointment.
(7) After receiving the Attorney General's report the Governor shall decide the matter and notify his decision, through the Registrar, to the parties. Such decision shall be final.
tration.
18. When an application for registration of a trade Date of mark has been accepted and has not been opposed, and registration. the time for notice of opposition has expired, or, having been opposed, the opposition has been decided in favour of the applicant, the Registrar shall register the said trade mark, and the trade mark, when registered, shall be registered as of the date of the application for registration, and such date shall be deemed for the purposes of this Ordinance to be the date of registration.
19. In the case of the death of any applicant for a trade mark after the date of his application and before the trade mark applied for has been entered on the register, the Registrar, after the expiration of the prescribed period of advertisement, may, on being satisfied of the applicant's death, cause to be entered on the register, in place of the name of such deceased applicant, the name, address and description of the person owning the goodwill of the business, on such ownership being proved to the satisfaction of the Registrar.
20.-(1) On the registration of a trade mark the Certificate of Registrar shall issue to the applicant a certificate in the registration. Form 4 in the Schedule hereto of the registration of such trade mark under the hand of the Registrar and sealed with the seal of the Office of the Registrar of the Supreme Court.
(2) Notice of the registration of a trade mark under this Ordinance shall be published by the Registrar in The Gazette as soon as may be after such registration.
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