1964_TRADE_MARKS_RULES — Page 11

HK Historical Laws 香港歷史法例 All AI Reviewed

1989 Ed.]

Trade Marks Rules

[CAP. 43

A 11

[Subsidiary]

registered marks and pending applications, for the purpose of ascertaining whether there are on record in respect of the same goods or description of goods any marks identical with the mark applied for, or so nearly resembling it as to render the mark applied for likely to deceive or cause confusion.

17. Acceptance, absolute or conditional; objection

After such search, and consideration of the application, and of any evidence of use or of distinctiveness or of any other matter which the applicant may or may be required to furnish, the Registrar may accept the application absolutely, or he may object to it, or he may express his willingness to accept it subject to such conditions, amendments, disclaimers, modifications or limitations as he may think right to impose.

18. Registrar's objections. Hearing

If the Registrar objects to the application, he shall inform the applicant of his objections in writing, and unless within 3 months the applicant applies for a hearing or makes a considered reply in writing to those objections he shall be deemed to have withdrawn his application.

19. Registrar's conditions, etc. Hearing

(L.N. 28 of 1964; L.N. 256 of 1987)

(1) If the Registrar is willing to accept the application subject to any conditions, amendments, disclaimers, modifications or limitations, he shall communicate such willingness to the applicant in writing, and, if the applicant objects to such conditions, amendments, disclaimers, modifications, or limitations he shall within 3 months from the date of the communication apply for a hearing or communicate his considered objections in writing, and if he does not do so he shall be deemed to have withdrawn his application. If the applicant does not object to such conditions, amendments, disclaimers, modifications or limitations, he shall forthwith notify the Registrar in writing, and alter his application accordingly. (L.N. 256 of 1987)

(2) The Registrar may require that a transliteration or translation of a word trade mark, or the name of a device trade mark, appears on the mark in Chinese characters if in his opinion this is necessary to avoid the likelihood of deception or confusion and for the protection of the public.

20. Decision of Registrar

(1) The decision of the Registrar, at a hearing as in rule 18 or 19, or without a hearing if the applicant has duly communicated his considered objections or considered reply in writing, and has stated that he does not desire to be heard, shall be communicated to the applicant in writing, and if the

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1989 Ed.] Trade Marks Rules [CAP. 43 A 11 [Subsidiary] registered marks and pending applications, for the purpose of ascertaining whether there are on record in respect of the same goods or description of goods any marks identical with the mark applied for, or so nearly resembling it as to render the mark applied for likely to deceive or cause confusion. 17. Acceptance, absolute or conditional; objection After such search, and consideration of the application, and of any evidence of use or of distinctiveness or of any other matter which the applicant may or may be required to furnish, the Registrar may accept the application absolutely, or he may object to it, or he may express his willingness to accept it subject to such conditions, amendments, disclaimers, modifications or limitations as he may think right to impose. 18. Registrar's objections. Hearing If the Registrar objects to the application, he shall inform the applicant of his objections in writing, and unless within 3 months the applicant applies for a hearing or makes a considered reply in writing to those objections he shall be deemed to have withdrawn his application. 19. Registrar's conditions, etc. Hearing (L.N. 28 of 1964; L.N. 256 of 1987) (1) If the Registrar is willing to accept the application subject to any conditions, amendments, disclaimers, modifications or limitations, he shall communicate such willingness to the applicant in writing, and, if the applicant objects to such conditions, amendments, disclaimers, modifications, or limitations he shall within 3 months from the date of the communication apply for a hearing or communicate his considered objections in writing, and if he does not do so he shall be deemed to have withdrawn his application. If the applicant does not object to such conditions, amendments, disclaimers, modifications or limitations, he shall forthwith notify the Registrar in writing, and alter his application accordingly. (L.N. 256 of 1987) (2) The Registrar may require that a transliteration or translation of a word trade mark, or the name of a device trade mark, appears on the mark in Chinese characters if in his opinion this is necessary to avoid the likelihood of deception or confusion and for the protection of the public. 20. Decision of Registrar (1) The decision of the Registrar, at a hearing as in rule 18 or 19, or without a hearing if the applicant has duly communicated his considered objections or considered reply in writing, and has stated that he does not desire to be heard, shall be communicated to the applicant in writing, and if the
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1989 Ed.] Trade Marks Rules [CAP. 43 A 11 [Subsidiary] registered marks and pending applications, for the purpose of ascertaining whether there are on record in respect of the same goods or description of goods any marks identical with the mark applied for, or so nearly resembling it as to render the mark applied for likely to deceive or cause confusion. 17. Acceptance, absolute or conditional; objection After such search, and consideration of the application, and of any evidence of use or of distinctiveness or of any other matter which the applicant may or may be required to furnish, the Registrar may accept the application absolutely, or he may object to it, or he may express his willingness to accept it subject to such conditions, amendments, disclaimers, modifications or limitations as he may think right to impose. 18. Registrar's objections. Hearing If the Registrar objects to the application, he shall inform the applicant of his objections in writing, and unless within 3 months the applicant applies for a hearing or makes a considered reply in writing to those objections he shall be deemed to have withdrawn his application. 19. Registrar's conditions, etc. Hearing (L.N. 28 of 1964; L.N. 256 of 1987) (1) If the Registrar is willing to accept the application subject to any conditions, amendments, disclaimers, modifications or limitations, he shall communicate such willingness to the applicant in writing, and, if the applicant objects to such conditions, amendments, disclaimers, modifications, or limitations he shall within 3 months from the date of the communication apply for a hearing or communicate his considered objections in writing, and if he does not do so he shall be deemed to have withdrawn his application. If the applicant does not object to such conditions, amendments, disclaimers, modifications or limitations, he shall forthwith notify the Registrar in writing, and alter his application accordingly. (L.N. 256 of 1987) (2) The Registrar may require that a transliteration or translation of a word trade mark, or the name of a device trade mark, appears on the mark in Chinese characters if in his opinion this is necessary to avoid the likelihood of deception or confusion and for the protection of the public. 20. Decision of Registrar (1) The decision of the Registrar, at a hearing as in rule 18 or 19, or without a hearing if the applicant has duly communicated his considered objections or considered reply in writing, and has stated that he does not desire to be heard, shall be communicated to the applicant in writing, and if the
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1989 Ed.]

Trade Marks Rules

[CAP. 43

A 11

[Subsidiary]

registered marks and pending applications, for the purpose of ascertaining whether there are on record in respect of the same goods or description of goods any marks identical with the mark applied for, or so nearly resembling it as to render the mark applied for likely to deceive or cause confusion.

17. Acceptance, absolute or conditional; objection

After such search, and consideration of the application, and of any evidence of use or of distinctiveness or of any other matter which the applicant may or may be required to furnish, the Registrar may accept the application absolutely, or he may object to it, or he may express his willingness to accept it subject to such conditions, amendments, disclaimers, modifications or limitations as he may think right to impose.

18. Registrar's objections. Hearing

If the Registrar objects to the application, he shall inform the applicant of his objections in writing, and unless within 3 months the applicant applies for a hearing or makes a considered reply in writing to those objections he shall be deemed to have withdrawn his application.

19. Registrar's conditions, etc. Hearing

(L.N. 28 of 1964; L.N. 256 of 1987)

(1) If the Registrar is willing to accept the application subject to any conditions, amendments, disclaimers, modifications or limitations, he shall communicate such willingness to the applicant in writing, and, if the applicant objects to such conditions, amendments, disclaimers, modifications, or limitations he shall within 3 months from the date of the communication apply for a hearing or communicate his considered objections in writing, and if he does not do so he shall be deemed to have withdrawn his application. If the applicant does not object to such conditions, amendments, disclaimers, modifications or limitations, he shall forthwith notify the Registrar in writing, and alter his application accordingly. (L.N. 256 of 1987)

(2) The Registrar may require that a transliteration or translation of a word trade mark, or the name of a device trade mark, appears on the mark in Chinese characters if in his opinion this is necessary to avoid the likelihood of deception or confusion and for the protection of the public.

20. Decision of Registrar

(1) The decision of the Registrar, at a hearing as in rule 18 or 19, or without a hearing if the applicant has duly communicated his considered objections or considered reply in writing, and has stated that he does not desire to be heard, shall be communicated to the applicant in writing, and if the

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