633727-1898-Trade-Mark-Rules-1898 — Page 2

THE HONGKONG GOVERNMENT GAZETTE, 3RD SEPTEMBER, 1898.

ground of

10. Where the ground, or one of the grounds, of oppo- Opposition sition is that the applicant is applying for the registration on the of a trade mark identical with one already

on the register trade mark with respect to the same goods or description of goods, or already on having such resemblance to a trade mark already on the the register. register with respect to such goods or description of goods us to be calculated to deceive, the notice shall state the date of registration, and, if practicable, the number on the register of such trade mark already on the register.

11. Within two months (unless the Colonial Secretary Opponent's shall extend the time) from the date of the notice of oppo- evidence, 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 on month, (unless the Colonial Secretary Applicant's shall extend the time) from the delivery of the opponent's evidence. 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 opponent a copy thereof; and within fourteen days (unless the Colonial Secretary shall enlarge the time) from such delivery, the opponent must forward to the Office of the Colonial Secretary, his evidence by way of statutory declaration in reply, and deliver to the applicant a copy thereof. Such last-mentioned evidence shall be confined to matters strictly in reply,

Evidence in reply.

Closing of

13. No further evidence shall be delivered on either side, except by leave of the Colonial Secretary, upon the written evidence. consent of the parties duly notified to him or by special leave of the Colonial Secretary 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.

14. On completion of the evidence and on payment of Considera- the prescribed fee the matter shall he referred to the tion of evi-

dence by the Attorney General who shall consider the evidence and Attorney report his opinion to the Colonial Secretary. If, however, General. the Attorney General desires to hear the parties before deciding, he shall appoint a time for such bearing and shall give the parties at least seven days' notice of such appointment.

15. After receiving the Attorney General's report the Decision, Governor shall decide the matter and notify his decision, through the Colonial Secretary, to the parties. decision shall be final.

Such

REGISTER OF TRADE MARKS.

before registration.

16. In case of the death of any applicant for a trade Death of mark after the date of his application, and before the trade applicant mark applied for has been entered on the register, the Governor, after the expiration of the prescribed period of advertisement, may, on being satisfied of the applicant's death, enter on the register, in place of the name of such deceased applicant, the name, address, and description of the person owning the good-will of the business, if such ownership be proved to the satisfaction of the Governor.

17. Where a person becomes entitled to a registered Request by subsequent trade mark by assignment, transmission, or other operation proprietor. of law, a request for the entry of his name in the register as proprietor of the trade mark should be addressed to the Colonial Secretary signed by the person desiring to be registered as proprietor. In the case of a firm or corporation the provisions of rule 5 as to signatures shall apply.

18. Every such request shall state the name, address, Contents of and description of the person claiming to be entitled to the request. trade mark (hereinafter called the claimant), and the par- ticulars of the assignment, transmission, or other operation of law, by virtue of which he requires to be entered in the register as proprietor, 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 connexion with the good-will of the business concerned in the particular goods or classes of goods for which the trade mark has been registered.

19. Every such request shall be accompanied by a Declaration statutory declaration to be thereunder written, verifying

he several statements therein, and declaring that the par- request.

to acconi- pany

869