1989 Ed.]
Trade Marks Rules
[CAP. 43
A 19
[Subsidiary]
47. Separate registrations
Where pursuant to an application under rule 40 or 41, and as the result of a division and separation of the goods of a registration or a division and separation of markets, different persons become registered separately under the same official number as subsequent proprietors of a trade mark, each of the resulting separate registrations in the names of those different persons shall be deemed to be a separate registration for all the purposes of the Ordinance.
48. Registrar's certificates
Any person who desires to obtain the Registrar's certificate under section 41(5) shall send to the Registrar, with his application on Form TM-No. 17, a statement of case in duplicate setting out the circumstances, and a copy of any instrument or proposed instrument effecting the assignment or transmission. The Registrar may call for any evidence or further information that he may consider necessary, and the statement of case shall be amended if required to include all the relevant circumstances and shall if required be verified by a statutory declaration. The Registrar, after hearing if so required the applicant and any other person whom the Registrar may consider to be interested in the transfer, shall consider the matter and issue a certificate thereon or a notification in writing of approval or disapproval thereof, as the case may be. Where a statement of case is amended, 2 fair copies thereof in its final form shall be left with the Registrar. The Registrar shall attach a copy of the statement of case in its final form to the certificate and affix his seal thereto.
49. Registrar's directions for advertisement
of assignment without goodwill of
trade mark in use
(L.N. 256 of 1987)
(1) An application to the Registrar under section 41(6) shall be made by the assignee on Form TM-No. 18 and shall state the date on which the assignment was made. The application shall give particulars of the registration in the case of a registered trade mark, and, in the case of an unregistered trade mark, shall show the mark and give particulars of the registered trade mark that has been assigned therewith in accordance with section 41(3). The Registrar may call for any evidence or further information, and if he is satisfied with regard to the various matters he shall issue directions in writing with respect to the advertisement of the assignment.
(2) A request to the Registrar for an extension of the period within which the application may be made, which shall be on Form TM-No. 19, may be made at any time before or during the period for which extension can be allowed. The extension of the period which the Registrar may allow shall not exceed 3 months.
(L.N. 256 of 1987)
1989 Ed.]
Trade Marks Rules
[CAP. 43
A 19
[Subsidiary]
47. Separate registrations
Where pursuant to an application under rule 40 or 41, and as the result of a division and separation of the goods of a registration or a division and separation of markets, different persons become registered separately under the same official number as subsequent proprietors of a trade mark, each of the resulting separate registrations in the names of those different persons shall be deemed to be a separate registration for all the purposes of the Ordinance.
48. Registrar's certificates
Any person who desires to obtain the Registrar's certificate under section 41(5) shall send to the Registrar, with his application on Form TM-No. 17, a statement of case in duplicate setting out the circumstances, and a copy of any instrument or proposed instrument effecting the assignment or transmission. The Registrar may call for any evidence or further information that he may consider necessary, and the statement of case shall be amended if required to include all the relevant circumstances and shall if required be verified by a statutory declaration. The Registrar, after hearing if so required the applicant and any other person whom the Registrar may consider to be interested in the transfer, shall consider the matter and issue a certificate thereon or a notification in writing of approval or disapproval thereof, as the case may be. Where a statement of case is amended, 2 fair copies thereof in its final form shall be left with the Registrar. The Registrar shall attach a copy of the statement of case in its final form to the certificate and affix his seal thereto.
49. Registrar's directions for advertisement
of assignment without goodwill of
trade mark in use
(L.N. 256 of 1987)
(1) An application to the Registrar under section 41(6) shall be made by the assignee on Form TM-No. 18 and shall state the date on which the assignment was made. The application shall give particulars of the registration in the case of a registered trade mark, and, in the case of an unregistered trade mark, shall show the mark and give particulars of the registered trade mark that has been assigned therewith in accordance with section 41(3). The Registrar may call for any evidence or further information, and if he is satisfied with regard to the various matters he shall issue directions in writing with respect to the advertisement of the assignment.
(2) A request to the Registrar for an extension of the period within which the application may be made, which shall be on Form TM-No. 19, may be made at any time before or during the period for which extension can be allowed. The extension of the period which the Registrar may allow shall not exceed 3 months.
(L.N. 256 of 1987)
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