Registrar-Generals-Department-Annual-report-1972-1973 — Page 45

1973 was therefore 28,159 comprising 2,212 re-registered pre-war marks and 25,947 new marks.

Oppositions and Hearings

115. 47 oppositions were pending at the beginning of the year, and 17 further notices of opposition were received during the year. 10 oppositions were withdrawn, 10 opposed applications were withdrawn, and one went to a hearing before the Registrar, leaving 43 cases pending at the end of the year. Oppositions rarely go to a hearing before the Registrar; usually one side or the other withdraws, or the parties arrive at some compromise arrangement acceptable to the Registrar.

116. The opposition hearing related to an application to register COSMOTRON in Class 14 in respect of clocks and watches, parts and accessories thereof, opposed by the proprietor of an already registered trade mark COSMOGRAPH. The hearing was taken by Mr. P. MURPHY, acting for the Registrar of Trade Marks, whose decision was still pending at the end of the year.

117. There were six hearings during the year on objections by the Registrar to applications for registration of trade marks. The first four hearings were taken by Mr. J. L. G. MCLEAN and the other two by Mr. P. MURPHY, both acting for the Registrar of Trade Marks. Particulars of the hearings are as follows:

Mark

Class

1. FOLTENE CIGLIA

3

2. FOLTENE

3

3. MAGIC SKIN

3

4. PAPASCO

3

Result of Hearing

Decisions reserved in both cases pending the submission by the applicants of (a) a statu- tory declarationby some independent author- ity as to whether the word 'FOLTENE' would or would not be read by a person familiar with the Italian language as being only a slightly veiled reference to the word 'folte'; and (b) copies of advertising material, packages and samples of the products. (Both applications were, however, subsequently withdrawn at the request of the applicants). Decision reserved to enable the applicants to submit copies of advertising material, pack- ages and samples of the products.

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Hearing adjourned so as to allow the appli- cants to submit evidence of sales of goods under the mark in Hong Kong. (The applica- tion was, however, subsequently treated as having been abandoned at the request of the applicants).

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