1988 Ed.] The Rules of the Supreme Court-Order 100
[CAP. 4
(3) On an application being made in accordance with the preceding paragraph, the documents there referred to shall be filed and the particulars of the assignment and the parties to it, shall be entered in the register.
A 357
[Subsidiary]
ORDER 100
THE TRADE MARKS ORDINANCE
Appeals and applications under the Trade Marks Ordinance (O. 100, r. 2)
2. (1) Every appeal to the Court under the Trade Marks Ordinance, shall be heard and determined by a single judge.
(2) Subject to rule 3, every application to the Court under the said Ordinance must be begun by originating motion.
(3) Notice of the motion by which any such application is made must be served on the Registrar of Trade Marks.
(4) Where the Registrar of Trade Marks refers to the Court an application under the said Ordinance made to him, then, unless within one month after receiving notification of the decision to refer, the applicant makes to the Court the application referred, he shall be deemed to have abandoned it.
(5) The period prescribed in relation to an appeal to which paragraph (1) applies or the period prescribed by paragraph (4) in relation to an application or appeal to which that paragraph applies may be extended by the Registrar of Trade Marks on the application of any party interested and may be so extended although the application is not made until after the expiration of that period, but the foregoing provision shall not be taken to affect the power of the Court under Order 3, rule 5, to extend that period.
(6) Where under subsection (6) of section 13, or subsection (8) of section 15, of the said Ordinance an appellant becomes entitled and intends to withdraw his application which is the subject-matter of the appeal, he must give notice of his intention to the Registrar of Trade Marks and to any other party to the appeal within one month after the Court has given leave under the said subsection (6) or the said subsection (8), as the case may be, for further grounds of objection to be taken.
Proceedings for infringement of registered trade mark: validity of registration disputed (O. 100, r. 3)
3. (1) Where in any proceedings a claim is made for relief for infringement of the right to the use of a registered trade mark, the party against whom the claim is made may in his defence put in issue the validity of the registration of that trade mark or may counter-claim for an order that the register of trade marks be rectified by cancelling or varying the relevant entry or may do both those things.
(Cap. 43.)
1988 Ed.] The Rules of the Supreme Court-Order 100
[CAP. 4
(3) On an application being made in accordance with the preceding paragraph, the documents there referred to shall be filed and the particulars of the assignment and the parties to it, shall be entered in the register.
A 357
[Subsidiary]
ORDER 100
THE TRADE MARKS ORDINANCE
Appeals and applications under the Trade Marks Ordinance (O. 100,
r. 2)
2. (1) Every appeal to the Court under the Trade Marks Ordinance, shall be heard and determined by a single judge.
(2) Subject to rule 3, every application to the Court under the said Ordinance must be begun by originating motion.
(3) Notice of the motion by which any such application is made must be served on the Registrar of Trade Marks.
(4) Where the Registrar of Trade Marks refers to the Court an application under the said Ordinance made to him, then, unless within one month after receiving notification of the decision to refer, the applicant makes to the Court the application referred, he shall be deemed to have abandoned it.
(5) The period prescribed in relation to an appeal to which paragraph (1) applies or the period prescribed by paragraph (4) in relation to an application or appeal to which that paragraph applies may be extended by the Registrar of Trade Marks on the application of any party interested and may be so extended although the application is not made until after the expiration of that period, but the foregoing provision shall not be taken to affect the power of the Court under Order 3, rule 5, to extend that period.
(6) Where under subsection (6) of section 13, or subsection (8) of section 15, of the said Ordinance an appellant becomes entitled and intends to withdraw his application which is the subject-matter of the appeal, he must give notice of his intention to the Registrar of Trade Marks and to any other party to the appeal within one month after the Court has given leave under the said subsection (6) or the said subsection (8), as the case may be, for further grounds of objection to be taken.
Proceedings for infringement of registered trade mark: validity of
registration disputed (O. 100, r. 3)
3. (1) Where in any proceedings a claim is made for relief for infringement of the right to the use of a registered trade mark, the party against whom the claim is made may in his defence put in issue the validity of the registration of that trade mark or may counter- claim for an order that the register of trade marks be rectified by cancelling or varying the relevant entry or may do both those things.
(Cap. 43.)
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