1964_TRADE_MARKS_RULES — Page 33

1989 Ed.]

Trade Marks Rules

[CAP. 43

A 33

[Subsidiary]

ADDRESS

99. Address

Where any person is by the Ordinance or these rules bound to furnish the Registrar with an address, the address given shall in all cases be as full as possible, for the purpose of enabling any person easily to find the place of trade or business or residence of the person whose address is given. The Registrar may require the address to include the name of the street, and the number in the street or name of the premises, if any.

100. Address for service

(1) The Registrar may require an applicant, opponent or agent, or a registered proprietor or registered user of a trade mark, who does not reside or carry on business within Hong Kong to give an address for service within Hong Kong, and such address may be treated as the actual address of that person for all purposes connected with the matter in question. (L.N. 256 of 1987)

(2) Any registered proprietor or registered user of a trade mark, or any person about to be registered as such may, if he so desires, give upon Form TM-No. 38 an address for service for entry in the register, and such address may be entered by the Registrar. (L.N. 256 of 1987)

(2A) No fee shall be charged in respect of Form TM-No. 38 if it is presented with Form TM-No. 9, Form TM-No. 13, Form TM-No. 14 or Form TM-No. 45. (L.N. 256 of 1987)

(3) All applications on Form TM-No. 38 under this rule shall be signed by the applicant for registration or the registered proprietor or registered user, as the case may be, or by an agent expressly authorized by him for the purpose of such an application, unless in exceptional circumstances the Registrar otherwise allows.

(4) In any case in which no address for service is entered in the register, the Registrar may treat the trade or business address of the registered proprietor or registered user as therein entered as his address for service for all purposes connected with the registration.

(5) Any written communication addressed to a party or person as aforesaid at an address given by him, or treated by the Registrar, as his address for service shall be deemed to be properly addressed.

(6) The Registrar, at any time that a doubt arises as to the continued availability of an address for service entered in the register, may request the person for whom it is entered, by letter addressed to his trade or business address in the register, to confirm the address for service, and if within 3 months of making such a request the Registrar receives no confirmation of that address, he may strike it off the register.