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THE HONGKONG GOVERNMENT GAZETTE, 30TH JULY, 1898.
TRADE MARKS RULES, 1898.
Inderpreta- tinn.
Vees.
Classifica-
tion of ecods.
Application by him, &c.
Application as to goods of more than one class.
Foreign
ehpracters.
Advertise- ment.
Notice of opposition.
Opposition on the
ground of trade mark already on the register.
Opponent's evidence.
Applicant's cvidence.
By virtue of the provisions of Ordinance No. of 1898, His Excellency the Governor in Council doth hereby make the following Rules :-
PRELIMINARY.
1. These Rules may be cited as The Trade Marks Rules, 1898, and shall come into operation on the
of
1898.
INTERPRETATION.
day
2. In the construction of these Rules any words herein used defined by The Trade Marks Ordinance, 1898, shall have the meanings thereby assigned to them respectively.
FEES.
3. The fees to be puid as regards Trade Mark Matters shall be those specified in the First Schedule hereto.
CLASSIFICATION OF GOODS.
4. For the purposes of trade marks registration and of these Rules, goods are classified in the manner appearing in the Second Schedule hereto.
If any doubt arises as to what class any particular de- scription of goods belongs to, the doubt shall be determined by the Colonial Secretary.
APPLICATION FOR REGISTRATION.
5. An application for registration of a trade mark, if made by any firm or partnership, may be signed by some one or more members of such firm or partnership, as the case may be.
Where the firm consists of more than one person the names of all the partners must be stated.
If the application be made by a body corporate it may be signed by the Secretary or other principal officer of such body corporate.
An application must be accompanied by a statutory de- claration or affidavit as required by the Ordinance, in the form given in the Schedule to such Ordinance. (See Rule 26 as to declarations.)
6. Applications for the registration of the same mark in different classes shall be treated as separate and distinct applications.
7. Where a Trade Mark contains a word or words in a language other than English a correct translation into English of the foreign words should accompany the appli-
cation.
ADVERTISEMENT,
8. Advertisement must be made of every application as directed by the Ordinance and shall be in the form given in the Schedule to such Ordinance,
OPPOSITION TO REGISTRATION.
9. A notice of opposition must be addressed to the Colonial Secretary and must state the grounds on which the opponent intends to oppose the registration and must be signed by him or by his solicitor and must contain an address for service in Hongkong.
10. Where the ground, or one of the grounds, of oppo- sition is that the applicant is applying for the registration of a trade mark identical with one already on the register with respect to the same goods or description of goods, or having such resemblance to a trade mark already on the register with respect to such goods or description of goods as to be calculated to deceive, the notice shall state the date of registration, and the number on the register of such trade mark already on the register.
11. Within one month (unless the Colonial Secretary shall extend the time) from the date of the notice of oppo- sition the opponent must forward to the Office of the Colonial Secretary such evidence, by way of statutory declaration, as he may desire to adduce in support of his opposition, and deliver a copy thereof to the applicant.
12. Within one month, (uuless the Colonial Secretary shall extend the time) from the delivery of the opponent's copy of his statutory declarations the applicant shall forward to the Office of the Colonial Secretary his evidence, by way of statutory declaration, in answer and deliver to the
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