1989 Ed.]
Trade Marks Rules
[CAP. 43
A 15
[Subsidiary]
33. Advertisement of trade mark as amended under section 15(9)
When under section 15(9) permission is given for a trade mark to be modified, the Registrar shall require the mark as amended to be advertised in one issue of the Gazette.
34. Security for costs. Costs in uncontested cases
(1) Where a party giving notice of opposition or an applicant sending a counter-statement after receipt of a copy of such a notice neither resides nor carries on business in Hong Kong, the Registrar may require him to give security, in such form as the Registrar may deem sufficient, for the costs of the proceedings before the Registrar, for such amount as to the Registrar may seem fit, and at any stage in the opposition proceedings may require further security to be given at any time before giving his decision in the case. (L.N. 256 of 1987)
(2) In the event of an opposition being uncontested by the applicant, the Registrar in deciding whether costs should be awarded to the opponent shall consider whether proceedings might have been avoided if reasonable notice had been given by the opponent to the applicant before the notice of opposition was lodged.
REGISTRATION OF A TRADE MARK (SECTION 17)
35. Entry in register
(1) As soon as may be after the expiration of 2 months from the date of the advertisement in the Gazette of any application for the registration of a trade mark, the Registrar shall, subject to any opposition and the determination thereof, and subject to the provisions of section 17(1), and upon payment of the prescribed fee on Form TM-No. 9, enter the trade mark in the register. The entry of a trade mark in the register shall give the date of the registration, the goods in respect of which it is registered, and all particulars named in section 3, and such other particulars as the Registrar may deem necessary. (L.N. 256 of 1987)
(2) In the case of an application which the Registrar accepts only after the applicant has lodged the written consent to the proposed registration of the registered proprietor of another trade mark or another applicant for registration, the aforesaid entry in the register shall state that it is "BY CONSENT", and shall give the number of the previous registration or the application for registration.
(3) When a trade mark has been entered in the register, the fact of registration shall be advertised in the Gazette.
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Page 16
1989 Ed.]
Trade Marks Rules
[CAP. 43
A 15
[Subsidiary]
33. Advertisement of trade mark as
amended under section 15(9)
When under section 15(9) permission is given for a trade mark to be modified, the Registrar shall require the mark as amended to be advertised in one issue of the Gazette.
34. Security for costs. Costs in uncontested cases
(1) Where a party giving notice of opposition or an applicant sending a counter-statement after receipt of a copy of such a notice neither resides nor carries on business in Hong Kong, the Registrar may require him to give security, in such form as the Registrar may deem sufficient, for the costs of the proceedings before the Registrar, for such amount as to the Registrar may seem fit, and at any stage in the opposition proceedings may require further security to be given at any time before giving his decision in the case. (L.N. 256 of 1987)
(2) In the event of an opposition being uncontested by the applicant, the Registrar in deciding whether costs should be awarded to the opponent shall consider whether proceedings might have been avoided if reasonable notice had been given by the opponent to the applicant before the notice of opposition was lodged.
REGISTRATION OF A TRADE MARK (SECTION 17)
35. Entry in register
(1) As soon as may be after the expiration of 2 months from the date of the advertisement in the Gazette of any application for the registration of a trade mark, the Registrar shall, subject to any opposition and the determination thereof, and subject to the provisions of section 17(1), and upon payment of the prescribed fee on Form TM-No. 9, enter the trade mark in the register. The entry of a trade mark in the register shall give the date of the registration, the goods in respect of which it is registered, and all particulars named in section 3, and such other particulars as the Registrar may deem necessary. (L.N. 256 of 1987)
(2) In the case of an application which the Registrar accepts only after the applicant has lodged the written consent to the proposed registration of the registered proprietor of another trade mark or another applicant for registration, the aforesaid entry in the register shall state that it is "BY CONSENT", and shall give the number of the previous registration or the application for registration.
(3) When a trade mark has been entered in the register, the fact of registration shall be advertised in the Gazette.
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