1986 Ed.]
Trade Marks
[CAP. 43
9
(2) Subject to the provisions of this Ordinance, the Registrar may refuse the application, or accept it absolutely or subject to such conditions, amendments, modifications, or limitations, if any, as he may think right.
(3) In the case of an application for registration of a trade mark (other than a certification trade mark) in Part A of the register, the Registrar may, if the applicant is willing, instead of refusing the application, treat it as an application for registration in Part B and deal with the application accordingly.
(4) In the case of a refusal or conditional acceptance, the Registrar shall, if required by the applicant, state in writing the grounds of his decision and the materials used by him in arriving thereat, and the decision shall be subject to appeal to the Court.
(5) An appeal under this section shall be made in the prescribed manner, and on such appeal the Court shall, if required, hear the applicant and the Registrar, and shall make an order determining whether, and subject to what amendments, modifications, conditions or limitations, if any, the application is to be accepted.
(6) Appeals under this section shall be heard on the materials stated as aforesaid by the Registrar to have been used by him in arriving at his decision, and no further grounds of objection to the acceptance of the application shall be allowed to be taken by the Registrar, other than those so stated as aforesaid by him, except by leave of the Court. Where any further grounds of objection are taken, the applicant shall be entitled to withdraw his application without payment of costs on giving notice as prescribed.
(7) The Registrar or the Court, as the case may be, may at any time, whether before or after acceptance, correct any error in or in connection with the application, or may permit the applicant to amend his application upon such terms as the Registrar or the Court may think fit.
13A. (1) Subject to subsection (2), any person who has applied for protection for any trade mark in a Convention country, or his legal representative or assignee, shall be entitled to registration of his trade mark under this Ordinance in priority to other applicants and the registration shall have the same date as the date of the application in the Convention country.
(2) For the purposes of obtaining priority under subsection (1), the application for registration of the trade mark under this Ordinance must be made within 6 months from-
(a) the date of application for protection in the Convention country; or
(b) where more than one such application for protection has been made, from the date of the first application.
(3) Nothing in subsection (1) shall entitle the proprietor of a trade mark to recover damages for any infringement happening
Priority for application made in Convention country.
[cf 1907 c. 29, s. 91.]
Page 10
Page 11
1986 Ed.]
Trade Marks
[CAP. 43
9
(2) Subject to the provisions of this Ordinance, the Registrar may refuse the application, or accept it absolutely or subject to such conditions, amendments, modifications, or limitations, if any, as he may think right.
(3) In the case of an application for registration of a trade mark (other than a certification trade mark) in Part A of the register, the Registrar may, if the applicant is willing, instead of refusing the application, treat it as an application for registration in Part B and deal with the application accordingly.
(4) In the case of a refusal or conditional acceptance, the Registrar shall, if required by the applicant, state in writing the grounds of his decision and the materials used by him in arriving thereat, and the decision shall be subject to appeal to the Court.
(5) An appeal under this section shall be made in the pre- scribed manner, and on such appeal the Court shall, if required, hear the applicant and the Registrar, and shall make an order deter- mining whether, and subject to what amendments, modifications, conditions or limitations, if any, the application is to be accepted.
(6) Appeals under this section shall be heard on the materials stated as aforesaid by the Registrar to have been used by him in arriving at his decision, and no further grounds of objection to the acceptance of the application shall be allowed to be taken by the Registrar, other than those so stated as aforesaid by him, except by leave of the Court. Where any further grounds of objection are taken, the applicant shall be entitled to withdraw his application without payment of costs on giving notice as prescribed.
(7) The Registrar or the Court, as the case may be, may at any time, whether before or after acceptance, correct any error in or in connexion with the application, or may permit the applicant to amend his application upon such terms as the Registrar or the Court may think fit.
13A. (1) Subject to subsection (2), any person who has applied for protection for any trade mark in a Convention country, or his legal representative or assignee, shall be entitled to registra- tion of his trade mark under this Ordinance in priority to other applicants and the registration shall have the same date as the date of the application in the Convention country.
(2) For the purposes of obtaining priority under subsection (1), the application for registration of the trade mark under this Ordinance must be made within 6 months from-
(a) the date of application for protection in the Convention
country; or
(b) where more than one such application for protection has
been made, from the date of the first application.
(3) Nothing in subsection (1) shall entitle the proprietor of a trade mark to recover damages for any infringement happening
Priority for application made in Convention country.
[cf 1907 c. 29, s. 91.]
Page 10Page 11
No comments yet.
Private notes are available after approval.