TRADE MARKS RULES

TRADE MARKS RULES

TRADE MARKS.

TRADE MARKS RULES.

(Cap. 43, section 57).
(Ordinance No. 40 Of 1909).

[7th January, 1910.]

1. These rules may be cited as the Trade Marks Rules.

2. In these rules-
'agent' means an agent duly authorized to the satisfaction
of the Registrar;
'old mark' means a trade mark which is registered in the
United Kingdom as a mark which was used by the owner
or his predecessors in busineiss before the 13th day of
August, 1875.

3. The fees to be paid in pursuance of the Ordinance
are the fees specified in the First Schedule.

4. The forms herein referred to are the forms contained
in the Second Schedule, and such forms shall be used in
all cases to which they are applicable, and shall be modified
as directed by tile Registrar to meet other cases.

5. For the purposes of trade marks registration and of
these rules, goods are classified in the manner appearing in
the Third Schedule.'
If any doubt arises as to what class any particular
description of goods belongs to, the doubt shall be deter-.
mined by the Registrar.

Documents.

6. Subject to any other directions that may be given
by the Registrar, all applications, notices, counterstatements,
papers having representations affixed, or other documents
required by the said Ordinance or, by these rules to be left
with or sent to thp Registrar shall be upon foolscap paper
of a size of approximately 13 inches by 8 inches, and shall
have on the left hand part thereof a margin of not less than
one inch and a half,





7. Any application, statement, notice or other docu-
ment authorized or required to be left, made or given at the
office of the Registrar, or to or with the Registrar, or with
or to any other person, may be sent through the post by a
registered prepaid or official-paid letter; any document so
sent shall be deemed to have been delivered at the time when
the letter containing the same would be delivered in the
ordinary course of post, and in proving such service or
sending it shall be sufficient to prove that the letter was
properly addressed and registered. A letter addressed to a
registered proprietor of a trade mark at his address as it
appears in the register or address for service, or to any
applicant for or person opposing the registration of a trade
mark at the address appearing in the appfication or notice
of opposition or given for service as hereinafter provided,
shall be deemed to be sufficiently addressed.

8. Where any person is by the Ordinance or these
rules bound- to furnish the Registrar with an address, the
following provisions shall apply-
(a)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 business of the person
whose address is given;
(b)when a person does not reside in a town with streets
the Registrar may require the address to include all
indications which he thinks necessary for such
purpose so far as they can be obtained;
(c)when an applicant resides in a town where there are
streets the address given shall include the name of
the street, and the number in the street or narne of
premises, if any.

9. Every applicant for the registration of any trade
mark, and every opponent to such registration, and ever~
agent, who does riot reside or carry on business in Hong
Kong, shall, if so required, give an address for service in
Hong Kong, and such address may be treated as the actual
address of such applicant, opponent or agent for all purposes
connected with such application for registration or the
opposition thereto.
The Registrar may require the proprietor of a registered
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 the proprietor for all purposes connected with such trade
mark.

Agents.

10. An application for registration and an opposition to
-registration- and all other- communications- between
applicant, an opponent and the Registrar, and between the
proprietor of a registered trade mark and the Registrar, or
any other person, may be made by or through an agent.
In case any proprietor of a registered trade mark appoints
such an agent, service upon such agent of any document
relating to such trade mark shall be deemed to be service
upon the person so appointing him, and all communications
directed to be made to such person in respect of such trade
rnark may be addressed to such agent.

Registrable trade inarks.

11. The Registrar may refuse to accept any application
upon which the following appear-
(a)the word 'Patent', 'Patented', 'By Royal Letters
Patent', 'Registered', 'Registered Design',
'Copyright', 'Entered at Stationers' Hall', 'To
counterfeit this is forgery', or words to the like
effect ;
(b)represe n ta t ions of Their Majesties or of any member
of the Royal Family.

12. Representations of the Royal Arms or Royal
crests, or arms or crests so nearly resembling them as to
lead to mistake, or of British Royal crowns, or of the
British national flags, or the word 'Royal' or any other
words, letters or devices calculated to lead persons to think
that the applicant has Royal patronage or authorization,
may not appear on trade marks the registration of which
is applied for: Provided always that nothing contained
in this rule shall preclude the Registrar from allowing the
registration, as an old mark, of any mark which was cap-
able of being so registered before the Ordinance came into
operation.





13. Where representations of the arms of a foreign state or
place appear on a mark the Registrar may call for such
justification as he may deem necessary for their use.

14. Where a representation of the arms or emblems of any
city, borough, town, place, society, body corporate or institution
appears on a mark, the applicant shall, if so required, furnish the
Registrar with a consent from such official as the Registrar may
consider entitled to give consent to the use of such arms or
emblems.

15. Without the authority of the Governor in Council there
shall not appear on any trade mark

(a)the heraldic emblem of the red cross on a white ground
formed by reversing the Federal colours of Switzerland,
or the words 'Red Cross' or 'Geneva Cross'; or

(b)any design consisting -of a white-or silver cross on a
red ground, none of the limbs of which extends to the
margin of the ground, being the cross comprised in the
Arms of the Swiss Confederation ; or

(c)any design being a colourable imitation of the heraldic
emblem of the red cross on a white ground mentioned
in paragraph (a) or any words so nearly resembling the
words 'Red Cross' or 'Geneva Cross' as to be capable
of being understood as releming to the said en-ibleni; or

(d)any design being a colourable imitation of the design
mentioned in paragraph (b).

16. Where the names or representations of living
persons appear on a trade mark the Registrar shall, if he
so requires, be furnished with consents from such persons
before proceeding to register the mark. In the case of
persons recently dead the Registr ' ai. may call for consents
from their legal representatives before proceeding with
registration of a trade mark on which their names or repre-
sentations appear.

17. Where the name or a description of any goods appears
on a trade mark the Registrar may refuse to





register such mark in respect of any goods other than the
goods so named or described.
Where the name or description of any goods appears
on a trade mark which name or description in use varies,
the Registrar may permit the registration of the mark with
the name or description upon it for goods other than those
named or described, the applicant stating in his application
that the name or description varies.

Application for registration.

18. Every application for the registration of a trade
mark shall be addressed to the Registrar in Form 1 in the
Second Schedule and shall be accompanied by three
additional representations of the trade mark exactly corres-
ponding to that affixed on the said Form 1 and also by
a statutory declaration in Form 2 in the said Schedule or
an affidavit to the same effect.
And in the case of a trade rnark consisting of a name,
signature, word or words other than such as fall within
the descriptions in paragraphs (a), (b), (c) and (d) of section 9
of the Ordinance, there shall be added to such application a
request that the sarne shall be referred to the Governor
or the court (at the option of the applicant) for an order
that the said trade mark may be deemed distinctive; and
the Registrar shall refer such application accordingly.
Such statutoiy declaration or affidavit must be made
by the applicant in person subject to the provisions of
paragraphs(d) and (e) of rule 89.

19. In the case of an application for the registration
of an old mark there shall be furnished a certificate of the
registration of the mark in the United Kingdom, whereto
shall be affixed a copy of the mark.

20. If application for registration of a trade mark is
made by a firm or partnership it may be signed in the
name or for and on behalf of the firm or partnership by
any one or more members thereof.
If the application is rnade by a body corporate it may
be signed by a director or by the secretary or other prin-
cipal officer of such body corporate.
Any application may be signed by an agerit.





21. Applications for the registration of the sarne trade
mark in different classes shall be treated as separate and
distinct applications, and in all cases where a trade mark
has been registered prior to the coining into operation of
the Ordinance for goods in more than one class, the regis-
tration shall henceforth for the purpose of fees and other-
wise be deemed to have been made on separate and distinct
applications in respect of goods included in each class.

22. The Registrar, if dissatisfied with any repre-
senta.tion of a mark, may at any time require another
representation satisfactory to him to be substituted before
proceeding with the application.

23. Where a drawing or other representation or
specimen cannot be given in manner aforesaid, a specimen
or c opy of the trade mark may be sent either of full size
or on a reduced scale,- and- in such form As the Registrar
may think most convenient.
The Registrar may also, in exceptional cases, deposit
in the office a specimen or copy of any trade mark which
cannot conveniently be shown by a representation, and
may refer thereto in the register in such manner as he
may think fit.

24. When application is made for the registration of
a series of trade marks a representation of each trade mark
of the series shall be affixed to Form i in the Second
Schedule.

25. When a trade mark contains a word or words in
other than roman, characters or in a language other than
Engtish, the Registrar may ask for an exact transliteration
or translation thereof, and if he so requires, such trans-
literation or translation shall be indorsed on the application,
such indorsement being signed by the applicant or his
agent.

Procedure on receipt of application.

26. On or after receipt of the application the Registrar
shall furnish the applicant with an Acknowledgment thereof.





27. Upon receipt of an application for registration the
Registrar shall cause a search to be made amongst the
registered marks and pending applications for the purpose
of ascertaining whether there are on record any marks for
the same goods or description of goods identical with the
mark applied for or so nearly resembling it as to be cal-
culated to deceive.

28. If after such search and a consideration of the
application the Registrar thinks there is no objection to the
mark being registered, he may accept it absolutely or
subject to conditions, amendments and modifications, which
lie shall communicate to the applicant in writing.

29. If after such search and consideration of the
application any objections appear, a statement of these
objections shall be sent to the applicant in writing and
unless within three. months the applicant applies for a
hearing he shall be deemed to have withdrawn his applica-
tion.

conditions, amendments or modifications and the
applicant objects to such conditions, amendments or modi-
fications, the applicant shall within three months from the
date of the communication notifying such acceptance apply
for a hearing, and if he does not do so lie shall be deemed
to have withdrawn his application. If the applicant does
not object to such conditions, amendments or modifications,
he shall forthwith notify the Registrar in writing.

31. The decision of the Registrar at such hearing as
aforesaid shall be communicated to the applicant in writing,
and if the applicant objects to such decision he may within
one month apply upon Form 3 in the Second Schedule,
requiring the Registrar to state in writing the grounds of
his decision and the -materials used by him in arriving at
the same.

32. The Registrar may call on an applicant to insert
in his application such disclaimer as the Registrar may
think fit, in order that the public generally may understand
what the applicant's rights, if his mark is registered, will





be. An order of the Registrar under this rule shall be. subject to
appeal to the Governor ol. the court at the option of the
applicant.

Adveriisernent.

33. Every application when accepted shall be advertised by
the applicant once a month in the Gazette for a period of three
months.

If no representation of the trade mark is inserted ill
connexion with the advertisement of all application, the, applicant
shall supply a detailed description of the trade mark and shall
state in the advertisement that a representation of the trade mark
is deposited for inspection in the office of the Registrar.

34. When an application relates to a series of trade marks-
the- Registrar- may, - if lie thinks- -fit, direct -the applicant to
insert with the advertisement of the application a statement of
the manner in respect of which the several trade marks differ
from one another.

Opposition to registration.

35. Any person may within a period not exceeding three
months from the date- of the first advertisement of an
application for registration of a trade mark give notice in -writing
to the Registrar of opposition to the registration. Such notice
shall be. in Form 4 in the Second Schedule and shall contain a
statement of the grounds upon which the opponent objects to the
registration. Such notice shall be accompanied by a duplicate
which the Registrar shall forthwith send to the applicant.

36. Within one month from the receipt of such duplicate the
applicant sliall send to the Registrar a counter-statement in Form
5 in the Second Schedtile; setting out the grounds on which lie
relics as supporting his application. Fhe applicant shall also set
out what facts, if any, alleged in the notice of opposition he
admits. Such counter-staternent shall be accompanied by a
duplicate which the Registrar shall forthwith send to the
opponent.





37. MTithin one month from the receipt of such
duplicate the opponent shall forward to the Registrar such
evidence by way of statutory declaration as he may desire
to adduce in support of his opposition. Such statutory
declaration shall be accompanied by a duplicate which the
Registrar shall forthwith send to the applicant.

38. AVithin- one month from the receipt of such
duplicate the applicant shal! forward to the, Registrar such-
evidence by way of statutory declaration as he desires to
adduce in support of his application. Such statutory
declaration shall be accompanied by a duplicate which the
Registrar shall forthwith send to the opponent.

39. Within fourteen days from the receipt of such
statutory declaration the opponent may forward to the
Registrar evidence by way of statutory declaration in reply.
Such evidence shall be. confined strictly to matters in reply.
Such statutory declai.ation shall be accompanied by a
duplicate which the Registrar shall forthwith forward to
the applicant.

40. In any proce2dings before the Registrar he may
at any time, if he thinks fit, give leave to either the ap-
plicant or the opponent to file any evidence upon such
terms as to costs ot. otherwise as the Registrar may thinIC
fit.

41. Where there are exhibits to declarations filed in
an opposition, copies or impressions of such exhibits shall
be sent to the other party on his request, or if such copies
or impressions cannot conveniently be furnished, the
originals shall be sent to the office, so that they may be
open to inspection. The original exhibits shall be produced
at the hearing unless the Registrar otherwise directs.

42. Upon completion of Cie evidence the Registrar
shall give notice to the parties of a date when he will hear
the arguments in the case. Such appointment shall be for
a date at lea~t fourteen days after the date of the notice
unless the parties consent to a* shorter notice. Within
seven days from the receipt of such notice both parties
shall file 1-,orm 6 in the Second Schedule. A party ,v-ho





receives such notice, and who does not within seven days
from the receipt thereof give notice on the said 1-~'oi-iii 6
that lie intends to appear, may be treated as not desiring
to be heard and the Registrar may act accordingly.

43. Where in opposition proceedings any extension of
tirne is granted to any party the Registrar may thereafter,
if lie thinks fit, without giving the said party a hearing,
grant any reasonable extension of time to the other party,
in wiiicli to take any subsequent step.

44. Where a party giving notice of opposition neither
resides nor carries on business in the Colony the Registrar
may call upon him to give a security in such form as the
Registrar may deem sufficient for the costs of the proceed-
ings before the Registrar, for such amount as to the
Registrar may seem fit, and at any stage in such opposi-
tion rnay require further security to be given at_ anytime
before giving his decision in [lie case.

1 Non-completion.

45. Where registration of a trade mark is not com-
pleted within twelve months from the date of the applica-
tion by reason of default on the part of the applicant, the
Registrar shall give notice to the applicant or to his agent
in writing of such non-completion. If after fourteen days
from the date when such notice was sent the registration
is not completed, the application shall be deemed to be
abandoned, but the Registrar may with such notice, where
the applicant lives at a distance, give a further tirne after
such fourteen days for the completion of such application.

Entry in the register.

46. As soon as may be after the expiration of three
months from the date of the first advertisement in the
Gazette of any application, the Registrar shall, subject to
any opposition and the determination thereof, and upon
payment of the prescribed fee on Form 7 in the Second
Schedule, enter the trade rnark 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 4 Of the Ordinance,
and such other particulars as the Registrar may deem
necessary.

47. MThere a mark is registered as associated with any
other mark or inarks, the Registrar shall note upon the
register in connexion with such mark the numbers of the
marks-with which it is associated and shall also note upon
the register in connexion with each of tile associated niarks
the number of the newly registered mark as being in asso
ciated mark with each of them.

48. In case of the death of any applicant for a trade
mark after the date of his application and before the trade
mark applied for has been entered in the register, the
Registrar, after the expiration of the prescribed period of
advertisement, may, on being satisfied of the applicant's
death, enter in the register in place of the name of such
deceased applicant the name, address and description of
the person owning the goodwill of the business, on such
ownership being proved to the satisfaction of the Registrar.

49. Upon the registration of a trade mark the Regis-
trar shall issue to the applicant a certificate in Form 8 in
the Second Schedule.

Assignment.

50. The Registrar may on request made jointly by a
registered proprietor of a rnark and the person to whom
he has assigned such mark, together with tile goodwill of
the business concerned in the goods for which it has been
registered, register the assignee as proprietor of the mark.
Such application shall be in Form 9 in the Second Schedule.
If the Registrar so requires the assignee shall furnish a
declaration in Form io in the said Schedule.

51. Where no such joint request is made any person
who has becorne entitled to a registered trade mark by
assignment, transmission or other operation of law may
request the Registrar to enter his name in the register as
proprietor of such trade mark. The request shall be in
Form ii in the Second Schedule, and such request shall





contain the name, address and description of the person claiming
to be entitled to the trade mark, hereinafter called the claimant.

52. Together with such request the claimant shall forward a
case stating full particulars of the assignment, transmission or
other operation of law by virtue of which lie claims to be entitled
to be entered in the register as proprietor of the trade mark, so
as to show the manner in which and the person ot- persons to
whom the trade mark has been assigned or transmitted and so as
to show further that it has been so assigned or transmitted in
connexion with the goodwill of the business concerned in the
goods for which the trade mark has been registered.

53. Such request shall in the case of an individual be made
and signed by the claimant and in the case of a firtn or
partnership by one or more members of such _film or
partnership and -in the case of -a body corporate shall be signed
by a director or by the secretary, or other principal officer of
such body corporate.

54. Where the Registrar determines that tile case sets out
particulars such as entitle the claimant to be registered as
proprietor of such trade mark, fie may in his discretion call upon
the claimant to furnish a statutory declaration in Form 12 in the
Second Schedule, verifying the several statements in the case
and declaring that the particulars given comprise every.material
fact and document affecting the proprietorship of the trexde
mark claimed by such request.

55. In any case the Registrar may call on any. person who
desires to be registered as proprietor of a trade mark for such
proof or additional proof of title and of the existence and
ownership of such goodwill as aforesaid as the Registrar may
require for his satisfaction.

56. The Registrar shall, at the request of a person who flas
become entitled to a recistered trade mark by assignment,
transmission, or other operation of law, made in Form 13 in the
Second Schedule, endorse upon the original certificate of
registration a statement of the alteration in the proprietorship of
the mark.





Renewal.

57. At any time not more flian six months before the
expiration of the last registration of a trade mark, any
person may lcave at the office a fee for the renewal of
the registration of the mark in Form 14 in the Second
Schedule. Such person shall indorse upon such form his
name and address, and before taking an), further step the
Registr,ar may requlre-such-person-to- furnish within- five
days an authority to pay such fee, signed by the registered
proprietor, and if such person does not furnish such
authority, may return such fee and treat it as not received.

58. When lit, does not require such authority the
Registrar shall lipon receipt of such fee communicate. with
the person paying the fee or at his, discretion with the
registered proprietor at his registered address, stating that
the fee has been received and that the registration will in
due course be renewed.

59. At a date not less than tliree months and not more
than four months before the expiration of the last registra-
tion of a mark, if no fee in Form 14 in the Second Schedule
has been received, the Registrar shall send to the registered
proprietor at his registered address a notice in Form iS in
the said Schedule.

60. If at the date of the expiration of the last registra-
tion of l mark the renewal fee has not been paid, the
Registrar shall advertise the fact forthwith in the -Gazette,
and if within one month of such advertisement the renewal
fee in Form 14 in the Second Schedule, together with an
additional fee in Form 16 in the said Schedule, is received,
lie may renew the registration without removing the mark
from the register.

61. Where after one month from such advertisement
such fees have not been paid the Registrar may remove the
mark from the register as on the date of the expiration of
the last registration but may upon payment of the renewal
fee in Form 14 in the Second Schedule, together with the
additional fee in Form 17 in the said Schedule, restore the
rnark to the register if satisfied that it is just to do so and
upon such conditions as he may think fit to impose.





62. Where a trade mark has been removed from the
register the Registrar shall cause to be entered in the register
a record of such removal and of the cause thereof.

63. Upon the renewal of a registration a notice to that
effect shall be sent to the registered proprietor at his registered
address and the renewal shall be advertised in the Gazette.

64. The Registrar shall, at the request of the registered
proprietor made in Form iS in the Second Schedule endorse
upon the original certificate of registration of a trade mark
a statement that the mar).: has been duly renewed.

Alteration of address.

65. Every registered proprietor of a trade mark who
alters his address shall forthwith apply to the Registrar to
insert the new address in the register and the Registrar
shall alter the register accordingly.

Dt'sc,retiona,ry power.

66. Before exercising any discretionary power given to
the Registrar by the Ordinance adversely to any person, the
Registrar shall, if so required, hear the person who will be
affected by the exercise of such power.

67. An application for a hearing shall be rnade within
one month from the date when the matter on which the
Registrar is called on to exercise discretionary power has
arisen.

68. Upon receiving each application the Registrar shall
give the person applying ten days' notice of a time when lie
may be heard by himself or his agent.
Within five days from the date when such notice would
be delivered in the ordinary course of post, the person apply-
ing shall notify the Registrar whether or not lie intends to
be heard on the matter.

69. The decision of the Registrar in the exercise of any
such discretionary power as aforesaid shall be notified to the
person affected.





Applications under section 23.

70. All applic---itions to the Registrar under section 23 Of
the Ordinance shall be in Form, ig in the Second Schedule.
Such application shall be accompanied by a case setting out
fully the facts relating to the marks of which the Registrar
is requested to permit an apportionment.

- -71. _Upon receipt of such request and- of such case the
Registrar shall inquire into the facts and call for such
evidence as lie may deem necessary upon the subject of such
application. Before giving his decision the Registrar shall,
if necessary, give the parties an opportunity of attending
before him at a hearing either by, themselves or by their
agents.
The decision of the Registrar sliall bc in writing.

72. Upon any apportionment of marf;s under the said
section the Registrar shall insert in the register a note in
connexion with each of the registered trade marks of the
fact of such apportionment and shall in such note refer to
the date of the decision under which such apportionment has
taken place.

Applications under secttOn 32.

73. Applications under section 32 of the Ordin, ' ince to
the Registrar may be made by the registered proprietor or
by the trustee in bankruptcy of the registered proprietor, or
where the registered proprietor is a company in liquidation
by the liquidator, and in other cases by such person as the
ReffiStrar may decide to be entitled to act in the name of the
registered proprietor.

74. Where such application is rnade thd Registrar may
re.quire such evidence by statutory declaration or otherwise
as fie may think fit as to the circumstances in which tile
application is made.

75. Where application is made to enter a disclaimer or
memorandum relating to a trade mark, the Registrar before.
deciding upon such application shall advertise the application
in the Gazette once a month for a period of three months in





order to enable any person desiring to do so to state any reasons in
writing against the applicant being. allowed to make such disclaimer or
enter such rnernoranduili.

application's under section, 34.

76. Where a person desires to apply under section 34 Of the
Ordinance to alter a trade mark, he shall make his application in writing
and shall furnish the Registrar with six copies of the mark as it will
appear when altered.,

77. Before proceeding with such application the Registrar shall
advertise in the Gazette the fact that such application flas been made.
If no representation of the trade mark as altered is inserted in
connexion with the advertisement, the applicant shall supply a detailed
description of the alteration proposed and it shall be stated in the
advertisemen~ that- a representation of -the-trade mark is deposited for
inspection in the Registrar's office.

Application under section. 35.

78. An application under section 35 shall be made in Form 20 in the
Second Schedule and shall be accompanied by a statement setting out
fully the nature of the applicant's interest the facts upon which lie
bases his case and the relief which lie seeks. Where the application is
inade by a person who is not thp registered proprietor of the trade illark
in question it shall be accompanied by an unstamped copy of the
application and a copy of the statement, and these copies will be
transmitted forthwith by the Registrar to the registered proprietor.

79. Upon such application being made, and copy thereof
transmitted to the registered proprietor, if necessary,, tile provisions of
rules 36to 44 shall apply mutatis mutandis to the further proceedings
thereon ; but the Registr-ir shall not rectify the Register or remove the
trade mark from the Register merely because the registered proprietor
has riot filed a counter-statement. In any case of doubt any partly may
apply to the Registrar for directions.





80. Any person other than the registered proprietor alleging
interest in a registered trade mark in respect of which an application is
mad(, on Form 20 may apply to the Registrar on form 21 in the Second
Schedule for leave to intervene, stating thereort the nature of his
interest, and the Registrar may refuse or grant such leave, altering (if so
required) the parties concerned, upon such conditions and terms as he
may deem -fit. - Before dealing in any way with the application for leave
to intervene the Registrar may require the applicant to give an
undertaking to pay such costs as in the circumstances lie may award to
any party.

Search.

81. The Registrar, if requested to do so in writing, shall cause a
search to be made in any class to ascertain whether any marks are on
record at the date of such search which may resemble any mark sent in
duplicate to him by the person requesting such search and shall cause
that person ~o be informed of the result of such search.

Power to dispevse willi, evidence.

82. Where under these rules.any person is required to do any act
ol. thing or to sign ally document or to make any declaration on behalf
of himself or of any body corporate, or any document or evidence is
required to be produced to or left with the Registrar or at the office of
the Registrar, and it is shown to the satisfaction of the Registrar that
from any reasonable cause such person is unable to do such act or
thing or to sign such document or make such declaration, or that such
document or evidence cannot be produced or left as aforesaid, it shall
be lawful for the Registrar, and upon the production of such other
evidence and subject to such terms as lie may think fit, to dispense
with any such act or thing, document, declaration or evidence.

Amelzdments.

83. Any document ol. drawing or other representation of a trade
mark may be attended, and any irregularity in procedure which in the
opinion of the Registrar may be obviated without detriment to the
interests of any person may be corrected, if the Registrar thinks fit and
on such terits as lie may direct.





Enla,rgeni,eitt of time.

84. The time prescribed by these rules for doing any act or taking
any proceeding thereunder may be enlarged by, the Registrar, if he
thinks fit and upon such notice to other parties and proceedings
thereon, and upon such terms, as he may direct, and such enlargement
may be granted though the time has expired for doing such act or
taking such proceeding.

85. Where a time for paying a fee is lirnited by these rules and the
person who is bound to pay such fee resides at such distance frbiii the
office thal lie cannot reasonably be expected to pay the fee oil the date
limited by the rule, the Registrar, if satisfied that the omission to pay
the fee Ims not been from any want of diligence on the part of the
person whose business it is to pay it, may accept the fee even though
the date for paying the fee has passed and treat it as if received on the
correct date, provided always that the fee is actually paid with such
promptitude as can-be- -expected in the circumstances.

Certificates.

86. The Registrar, when required otherwise than under section 17
of the Ordinance to give a certificate as to any entry, matter or thing
which he is authorized by the said Ordinance or any of these rules to
make or do, may, on receipt of a request in writing and on payment of
the prescribed fee, give such certificate, but every certificate of
registration so given shall have specified on the face thereof whether
the same is to be used in legal proceedings or for the purpose of
obtaining registration abroad or for purposes other than use in legal
proceedings or obtaining registration abroad.

87. Where a mark is registered without limitation of colour it shall
be lawful for the. Registrar to grant a certificate of its registration for
the purpose of obtaining registration abroad either in the colour in
which it appears upon the register or in any other colour or colours.

88. Where a certificate of registration is desired for use in
obtaining registration abroad the Registrar shall affix to the said
certificate a copy of the rriark and shall state in such





certificate such particulars concerning the registration. of the mark as
to him may seem Pit, and may omit therefrom reference to any
disclaimers appearing on the register.

Declarations.

89. The stattitor), declarations required by the Ordinance and
these rules, or used in any proceedings thereunder, shall be made and
subscribed as follows

(a)in Hong Kong-before any justice of the peace, notary public
or any commissioner or other officer authorized by law in
Hong Kong to administer an oath for the purpose of any
legal proceeding;

(b)in any other part of His Majesty's dominionsbefore any
court, judge, justice of the peace, notary public or any officer
authorized by law to administer an oath there for the purpose
of a legal proceeding;

(c)if made out of His Majesty's dominions-before a British
Minister or person exercising the function of a British
Minister, or a consul, vice-consul, or other person exercising
[fie functions of a British consul, or a notary public, or before
a judge or magistrate;

(d)where inade on behalf of a firm or partnership, a statutory
declaration or affidavit may be signed in the name or for and
on behalf of the firm or partnership by any one or more
members thereof;

(e)where made on behall of a body corporate, a statutory
declaration or affidavit may be made by a director or by the
secretary or other principal officer of such body

90. Any document, purporting to have affixed, impressed or
subscribed thereto or thereon the seal or signature of any person
hereby authorized to take such declaration in testimony of such
declaration having been made and subscribed before him, may be
admitted by the Registrar without proof of [lie genuineness of any
such seal-or signature or of the official character of such person or of
his authority to take such declaration.

Applications and airpeals to the court.

91. When any person intends to apply to or appeal to the court
such application or appeal shall be made to the





court in its original or summary jurisdiction by motion or
summons, and no such appeal shall be entertained unless
proceedings are commenced within three months from the
date of the decision appealed against or within such further
time as the Registrar may- allow. The court appealed to
may, on the application of either party or of its own motion,
remove any application or appeal from chanibers to court
or vice versa or from the original to the summary jurisdiction
or vice versa, and may give such directions as to the scale
upon which costs may be taxed as to the court may seem
proper. Every application to the court shall be served on
the Registrar.

Withdrawal of appeals.

92. Where under subsection (8) of section 14 Of the
Ordinance an appellant is entitled to withdraw his appeal,
such withdrawal shall be effected by notice given to the
Registrar and -to the-other parties, if-any,_ to al
-such appe,
within seven days after the leave referred to in.such section
has been obtained.

Orders of the coitrt.

93. Where an order has been made by the court in any
case under the Ordinance the person in whose favour such
order has been made, or such one of them, if more than one,
as the Registrar may direct, shall forthwith leave at the office
an office copy of such order. The register may, if neces-
sary, thereupon be rectified or altered by the Registrar.

94. Whenever an order is made by the court under the
.Ordinance the Registrar may, if he thinks that such order
ty
should be made public, publish At in the Gazette.

[r. 3.] [21st Aug., 1931.1

FIRST SCHEDULE.

Fees.
The following fees shall be paid in connexion with applications,
registrations and other matters under the Ordinance. Such fees
must in all cases be paid before or at the time of the doing of the
matter in respect of which they are to be paid-



$

1. On application not otherwise charged to register a
trade mark, or a series of trade marks for one or
more articles included in one class-Form 1 10.00
2. On application to Registrar to state grounds of
decision and materials used, under section 12 (4)
of the Ordinance-Form 3 .........10.00

On notice of opposition for each application opposed,

by opponent-Form 4 .....1 ....20.00

4..................................On filing a counter-statement
in answer to a notice
of oppcsition, by applicant, for each application
opposed-Form 5 ...................10.00
5. On the hearing of each opposition, by applicant and
by opponent respectively-Form 6 ..20.00
6. For registration of a trade mark for one or more
articles included in one class-Form 7 20.00
7. For registration of a series of trade marks for one or
more articles included in one class-Form 7-
for the first mark ...............20.00
for every other mark of serie . ..5.00
8. Upon cash entry in the register of a note that any
mark is associated with a newly registered mark 2.00
9 On application to register a subsequent proprietor in
cases of assignment or transmission of a single
mark-Form 9 or 11 ................20.00

one mark standing in the same name, the devolution of title
being identical in each case

Form 9 or Il-
for the first mark ....................... 20.00

for every other mark ..............2.00
11. On application for endorsement of assignment or
transmission on certificate of registration-
Form 13 ...........................3.00
12. On application to change the name of a proprietor of
a single mark where there has been no alteration
in the proprietorship .............5.00

one mark standing in the same name, the change being the
same in each case

for the first mark ................................ 5.00

for every other mark ..........1.oo

For the Purposes of these fees (except as herein specially provided), every trade mark in a series
under section 26 of the Ordinance is deemed to be a mark separately registered.




$
14. For renewal of registration of a trade mark at the
expiration of last registration-Form 14 20.00
15. For renewal of registration of a series of marks at
the expiration of last registration-Form 14-
for the first mark of the series 20.00
for every other mark of the series 2.00
16..............Additional fee under rule 60-Form 16 10.00
17..............Additional fee under rule 61-Form 17 20.00

18. On application for endorsement of renewal on
certificate of registration-Form 18 3.00

19. For altering a single entry of the address of a re-
gistered proprietor .........5.00

20. For altering more than one entry of the address of a
registered proprietor where the address in each
case is the same and is altered in the same way-
for the first entry .........5.00
for every other entry ........ 1.00

21. For every entry in the register of a rectification there-
of or an alteration therein, not otherwise charged 10.00
22. For cancelling the entry or part of the entry of a mark
upon the register on the application of the owner
of such mark ......................5.00
23. On action taken, not otherwise charged, under section
12 (5) or 32 of the Ordinance .....5.00
24. For a search under rule 81 ....10.00
25. For certificate of Registrar of registration to be used
in legal proceedings ..............20.00
26. For certificate of Registrar of registration of a mark
to be used for the purpose of obtaining registration
abroad ............................5.00
27. For certificate of Registrar of registration of a series
of marks for the purpose of obtaining registration
abroad ............................10.00
28. For certificate of Registrar other than certificate
under section 17 of the Ordinance or certificate of
registration to be used in legal proceedings or for
the purpose of obtaining registration abroad 20.00
29. On appeal from Registrar to Governor in respect of
each design unsuccessfully appealed against by
applicant .........................20.00

30. On application to Registrar under section 23 of the
Ordinance-Form..................19 ........................................... 50.00




$
31. On application to Registrar for leave to add to or
alter a single mark ...............20.00
32. On an application to Registrar for leave to add to or
alter more than one mark of the same proprietor,
the addition or alteration to be made in each case
being the same-
for the first mark ................20.00
-for every other mark .............10.00
33. For inspecting the register or making a search in the
register, for every half hour or part thereof 1.00
34. For office copy of documents per folio of seventy-two
words, but never less than $1 ......50

35. For certifying office copies, MSS. or printed matter ... 10.00

[r. 4.] SECOND SCHEDULE.

Forms.
Note-Fornis must be drawn up in each case by the parties
interested. Forms are not supplied by the Registrar.

[r. 18 and 24.] FORM 1.

Fee No. 1.
TRADE MARKS ORDINANCE.
(Chapter 43 of the Revised Edition).
Application for registration of a trade mark.

[One representation to be fixed here. Representations of
a large size may be folded but must then be mounted upon
linen or strong paper and affixed hereto.
Three additional representations are to be sent on separate
sheets.]

Application is hereby made for registration of the accompanying
trade mark in Class in respect of (a)
in the name of (b)of [address and description]
who claims to be the proprietor thereof (c)
(Signed)

Dated the day of 19

To the Registrar of Trade Marks,
Hong Kong.
(a)Only goods contained in one and the same class shall be set
out here. A separate application form is required for each
separate class.
(b)Here insert legibly the full name, address and description
of the individual, firm or company. Add trading style, if
any.
(c)Alter to 'claim to be the proprietors thereof' in the case of
a firm or company.





[r. 18. FORm 2.

TRADE MARKS ORDINANCE.
(Chapter 43 of the Revised Edition). -

I, A.B., of
do solemnly and sincerely declare as follows:-

1. To the best of my knowledge and belief I (a)
have the right to the exclusive use of the trade mark
referred to in my application dated theday of
19

2. Such trade mark has been used by me (b) in respect of
the goods mentioned in my (c) application since
[or] 2A. Such trade mark has not hitherto been used by me
(b) in respect of the goods mentioned in my application but it is
my (c) intention so to use it forthwith.

3. To the best of my knowledge and behalf the said trade
mark has (d) been registered in (e) in the name of
in respect of goods the same as or similar to those in
respect of which registration is now sought.

And 1 make this solemn declaration conscientiously believing
the same to be true and by virtue of the provisions of the Statutory
Declarations - Act, -1835.

Declared at
this day of 19 A.B.
Before me,

(a)Insert 'I solely' or 'I jointly with A.B., or the company',
as the case may be.
(b) Or 'my firm' or 'my company', as the case may be.
(c) Or 'my firm's' or 'my company's', as the case may be.
(d) Or 'has not been registered elsewhere', as the case may be.
(e) Here state country or countries in which registered.
This paragraph is not required when the declaration is
made neither in Hong Kong nor in the United Kingdont~

NOTE-When this declaration is made by a person who does not understand
the English languaue, the requirements of the Statutory Declarations Ordinance
(Chapter 11 of the Revised Edition), must be complied with when the declaration
is made in Hong Kong, and if made elsewhere a proper clause must be added.

[r. 31.1 FORm 3.

Fee No. 2.

TRADE MARKS ORDINANCE.
(Chapter 43 of the Revised Edition).

Request for statement of grounds of decision under
section 12 (4).

You are hereby requested under subsection (4) of section 12
of the Trade Marks Ordinance (Chapter 43 of the Revised Edition),
and rule 31 of the Trade Marks Rules made thereunder to state





in writing the grounds of 1 your decision, dated the day of
19 1 after the hearing on the day
of ' 19and the materials used by you in
arriving at such decision.

(Signed)

Dated the day of 19

To the Registrar of Trade Marks,
Hong- Kong.

[r. 35.] FORm 4.

Fee No. 3.
TRADE MARKS ORDINANCE.
(Chapter 43 of the Revised Edition).

Notice of opposition to application for registration.
[to be accompanied by an unstamped duplicate.]

In the matter of an application No.
by of

I [here state full name and address] hereby give notice of my
intention to oppose the registration of the trade mark advertised
under the above number for Classin the Gazette of the
day of 19

The grounds of opposition are as follows-

(Signed)

Dated the day of 19

Address for service-

To the Registrar of Trade Marks,
Hong Kong.

[r. 36.] FORm 5.

Fee No. 4.
TRADE MARKS ORDINANCE.
(Chapter 43 of the Revised Edition).

Form of counter-statement.
tto be accompanied by an unstamped duplicate.]

In the matter of an opposition
to application No.

the applicant for the above trade mark,
hereby give notice that the following are the grounds on which
1 rely as supporting my application:-





I admit the following allegations in the notice of opposition-

(Signed)

Dated this day of 19

To the Registrar of Trade Marks,
Hong Kong.

[r. 42.1 FORm 6.

Fee No. 5.

TRADE MARKS ORDINANCE.
(Chapter 43 of the Revised Edition).

Form of application for hearing by the Registrar in
cases of opposition.

Sir,

In reply to your notice No. dated the
stating that you will hear the arguments in the case of_ opposition
to application No. on the
day of 19 1 beg to say that I intend
to appear before you on that date.

I am, etc.,

To the Registrar of Trade Marks,
Hong Kong.

[r. 46.] FORM 7.

Fee No. 6 or 7.

TRADE MARKS ORDINANCE.
(Chapter 43 of the Revised Edition).

Fee for registration of a trade mark.

Sir,

With reference to your letter No. of the
I hereby transmit the prescribed fee for registration of the trade
mark No. in Class

1 am, Sir,

Your obedient servant.

(Signed)

Dated the day of 19

To the Registrar of Trade Marks,
Hong Kong.





[r. 49.1 FORM 8.

TRADE MARKS ORDINANCE.
(Chapter 43 of the Revised Edition).

Certificate of registration under section 17.

To

- 1 hereby certify that the trade mark- (a specimen of which is
hereunto annexed) was duly advertised in the Gazette and has been
registered in your name in Class in respect of the fol-
lowing goods-
Witness my hand this day of 19
[Seal of Registrar's Office.]

Registrar.
OFFICE OF REGISTRAR OF TRADE MARKS,
HONG KONG.

[r. 50.] FORM 9.

Fee No. 9 or 10.

TRADE MARKS ORDINANCE.
(Chapter 43 of the Revised Edition).

Joint request by registered proprietor and assignee to register
the assignee as subsquent proprietor of a trade mark.

We .(a)
of (b)
and (c)
of (d)
hereby request, that the name of (c)
carrying on business as (e)
at (d)
may be entered in the Register of Trade Marks as proprietor of
the trade mark No.

(To the Registrar of Trade Marks,
Hong Kong.

(a) Name of registered proprietor.
(b) Address 11 11
(c) Name of assignee.
(d) Address 11
(e) Trade or business of assignee.
(f) Signature of registered proprietor.
(g) Signature of assignee.





[r. 50.] FORM 10.

TRADE MARKS ORDINANCE.
(Chapter 43 of the Revised Edition).

Form of declaration (only to be furnished when requested by
Registrar) by assignee in support of Form 9.

I (a)
of (b)
do hereby solemnly and sincerely declare that the trade mark
No. in Class has been assigned to me by (c)
of (d) together with the goodwill
,of the business concerned in the goods for which it has been
registered, and that I have accepted such assignment.
(c) And I make this solemn declaration conscientiously
believing the same to be true and by virtue of the provisions of the
Statutory Declarations Act, 1835.

(Signed)

Declared at
this day of 19

Before me

(a) Name of assignee.
(b) Address 11
(c) Name of assignor.
(d) Address
(e)2 his paragraph is not required when the declaration is made
neither in Hong Kong nor in the United Kingdom.
(f) Signature and title of authority,

NOTE-When the declaration is made by a person who does not understand
the English language, the requirements of the Statutory Declarations Ordinance
(Chapter 11 of the Revised Edition), must be complied with when the declaration
is made in Hong.Kong, and if made elsewhere a proper clause must be added.

FORM 11.

Fee No. 9 or 10.

TRADE MARKS ORDINANCE.
(Chapter 43 of the Revised Edition).

Request to enter name of subsequent proprietor of
trade mark upon the register.

I, (a)
hereby request that you will enter (b)name (c)
in the Register of Trade Marks as proprietor of the trade mark
No. in Class
(d) entitled to the said trade mark and to
the goodwill of the business concerned in the goods with respect
to which the said trade mark is registered.





Accompanying this request is a statement of (e)
case.

(Signed)

Dated this day of 19

To the Registrar of Trade Marks,
Hong Kong.

(a) Or we. Here insert name, address and description.
(b) my or our.
(c) Or names.
(d) I am or We are.
(e) my or our.

[r. 54.1 FORM 12.

TRADE MARKS ORDINANCE.
(Chapter 43 of the Revised Edition).

Form of declaration (only to be furnished when requested by
Registrar) in support of statement of case
accompanying Form 11.

I, of
do hereby solemnly and sincerely declare that the particulars set
out in the statement of case. exhibit marked and
left by me in connexion with my request to be registered as
subsequent proprietor of the trade mark No. in
Class are true and comprise every material fact and
document afrecting the proprietorship of the said trade mark as
above claimed.

(a) And I make this solemn declaration conscientiously
believing the same to be true, and by virtue of the provisions
of the Statutory Declarations Act, 1835.

(Signed)

Declared at
this day of 19
Before me,
(b)

To the Registrar of Trade Marks,
Hong Kong.

(a)This paragraph is not required when the.declaration is made
neither in Hong Kong nor in the United Kingdom.
(b)Signature and title of the authority before whom the
declaration is made.

NOTE-When this declaration is made by a person who does not understand
the English language, the requirements of the Statutory Declarations Ordinance
(Chapter 11 of the Revised Edition), must be complied with when the declaration
is made in Hong Kong, and if made elsewhere a proper clause must be added.





[r. 56.] Foam 13.

Fee No. 11. TRADE MARKS ORDINANCE.
(Chapter 43 of the Revised Edition).

Fee for Endorsement of Assignment or Transmission on
Certifteate of Registration.

Sir,

I hereby transmit the prescribed fee for the endorsement upon
the annexed certificate of registration of the assignment (a) of trade
mark No. in Class

(Signed)

Dated the day of 19

To the Registrar of Trade Marks,
Hong Kong.

(a) Or transmission, as the case may be,

[~r. 57, 59, 60 and 61.1 FoRm 14.

Fee No. 14 or 15.

TRADE MARKS ORDINANCE.
(Chapter 43 of the Revised Edition).

Renewal of registration before notice given,

I hereby forward the prescribed fee of for the
renewal of the registration of the trade mark No. in
Class
Dated the day of 19
To the Registrar of Trade Marks,
Hong Kong.

NOTE-This form must be indorsed ivith the name and address of the person
leaving the same.

[r. 59.] Fojim 15---

TRADE MARKS ORDINANCE.
(Chapter 43 of the Revised Edition).

Notice before removal of trade mark from the register,
under section 30.

The Registrar hereby gives you notice that, in conformity with
the provisious of section 30 of the above Ordinance (printed at
back hereof), your trade mark No. , registered in





Class, will be removed from the Register of Trade
Marks unless the prescribed fee of(payable by
Form 14) is received at this office before the day
of 19 on which date the existing registration
will expire.

. Dated this day of 19

To

[r. 60.1 FoRm 16.

Fee No. 16.
TRADE MARKS ORDINANCE.
(Chapter 43 of the Revised Edition).

Additional fee of $5 to accompany renewal fee (Form 14)
within one month after advertisement of
non-payment of renewal fee.

Sir,

I hereby transmit the additional fee of $5 (together with
Form 14) for the renewal of the registration of the trade
mark No. in Class

Dated this day of 19

To the Registrar of Trade Marks,
Hong Kong.

NOTE-Thi8 form must be indorsed with the name and address of the person
transmitting the same.

[r. 61.1 FoTtm 17.

Fee No. 17.
TRADE MARKS ORDINANCE.
(Chapter 43 of the Revised Edition).

Restoration of trade marks where removed for non-payment of fee.
(to accompany Form 14.)

Sir,
I hereby transmit the additional feeof $10 for restoration to
the register of trade mark No. in Class

(Signed)

Dated this day of 19

To the Registrar of Trade Marks,
Hong Kong.

NOTE-This form must be indorsed with the name and address of the person
transmitting the same.





[r. 64.] FORM 18.

Fee No. 18.

TRADE MARKS ORDINANCE.
(Chapter 43 of the Revised Edition).

Fee for Endorsement of Renewal on Certificate of Registration.

Sir,

I hereby transmit the prescribed fee for the endorsement upon
the annexed certificate of registration of the renewal of trade mark
No. in Class

(Signed)

Dated the day of

To the Registrar of Trade Marks,
Hong Kong.

[r. 70.1 FORM 19.

Fee No. 30.

TRADE MARKS ORDINANCE.
(Chapter 43 of the Revised Edition).

Application to permit an apportionment of trade marks.

In the matter of the registered
trade marks Nos.

We, being the parties interested within the meaning of section
23 of the Trade Marks Ordinance (Chapter 43 of the Revised Edition),
in certain marks of , who has ceased to carry on business,
request you to permit an apportionment of those marks amongst
the persons in fact continuing the business. With this application
we send a case in pursuance of rule 70 of the Trade Marks Rules.

(Signed)

(Signed)

Dated the day of 19

To the Registrar of Trade Marks,
Hong Kong.





[r. 78.] FORM 20.

TRADE MARKS ORDINANCE.
(Chapter 43 of the Revised Edition).

Application to the Registrar for the Rectification of the Register
or the Removal of a Trade Mark from the Register.

(To be accompanied by an unstamped copy _and a statement of case
in duplicate).

IN THE MATTER OF Trade
Mark No . ..registered
in the name of ........................
in Class ..................

I/We (a) ............................................................................

.......................................

hereby apply that the entry in the Register in respect of the above-

mentioned trade mark may be removed (b) rectified in the following

manner ...................................................................................

...................................... .

The grounds of my/our application are as follows-

....................................
.......................................

............................................................... ....................

No action concerning the trade mark in question is pending in

the court.

Dated this day of 19

................
(Signature)

To: The Registrar of Trade Marks,
Hong Kong.





[r. 80.1 FORM:21.

TRADE MARKS ORDINANCE.
(Chapter 43 of the Revised Edition).

Application to. the Registrar.for Leave . to Intervene in Proceedings
Relating to the Rectification of the Register or the Removal
of a Trade Mark from the Register.

IN THE MATTER OF Trade
Mark No . ..registered
in the name of ........................

in Class ..................

1/We (a) ............
.................... 1

hereby apply for leave to intervene in the proceedings relating

to the . *rectification of the entry in the register in respect of the
*removal
above-mentioned trade mark.

My/Our interest in the trade mark is ....................................

...............................................................................................

.........

Dated this day of ' 19

(Signature)

To: The Registrar of Trade Marks,.
Hong Kong.





[r. 5.] THIRD SCHEDULE.

Classi~cation of goods.

Illustrations.
Note-Goods are mentioned
in this column by way of
illustration and not as an
exhaustive list of the contents
of a -erass.-
Class 1.
Chemical substances used . in Such as-
manufactures, photography or Acids, including vegetable
philosophical research, and acids.
anti -corrosives. Alkalis.
Artists' colours.
Pigments.
Mineral dyes.
Class 2.
Chemical substances used for Such as-
agricultural,horticultural, Artificial manure.
veterinary and sanitary pur- Cattle medicines.
poses. Deodorizers.
Vermin destroyers.
Class 3.
Chemical substances prepared Such as-
for use in medicine and phar- Cod liver oil.
macy. Medicated articles.
Patent medicines.
Plasters.
Rhubarb.
Class 4.
Raw or partly prepared vege- Such as-
table, animal and mineral Resins.
substances used in manufac- Oils used in manufactures
tures, not included in other and not included in other
classes.* classes.
Dyes, other than mineral.
Tanning substances. 1 .
Fibrous substances (e.g.
cotton, hemp, flax, jute).
Wool.
Silk.
Bristles.
Hair.
Feathers.
Cork.
Seeds.
Coal.
Coke.
Bone.
Sponge.
Class 5.
Unwrought and partly wrought Such as-
metals used in manufacture. Iron and steel, pig or cast.
Iron, rough.
Iron, bar and rail, including
rails for railways.





Classification of goods,-contd.

Iron, bolt and rod.
Iron, sheet, and boiler and
armour plates.
Iron, hoop.
Lead, pig.
Lead, rolled.
Lead, sheet.
Wire.
Copper.
Zinc.
Gold, in ingots.
Class 6.
Machinery of all kinds, and Such as-
parts of machinery, except Steam engines.
agricultural and horticultural Boilers.
machines included in Class 7. Pneumatic machines.
Hydraulic machines.
Locomotives.
Sewing machines.
Weighing machines.
Machine tools.
Mining machinery.
Fire engines.
Class 7.
Agricultural- and horticultural Such - as-
machinery and parts of such Ploughs.
machinery. Drilling machine-,.
Reaping machines
Thrashing machines.
Churns.
Cider presses.
Chaff cutters.
Class 8.
Philosophical instruments, scien- Such as-
tific instruments and appara- Mathematical instruments.
tus for useful purposes. In- Gauges.
struments and apparatus for Logs.
teaching. Spectacles.,
Educational appliances.
Class 9.
Musical instruments.
Class 10.
Horological instruments.
Class 11.
Instruments, apparatus and con- Such as-
trivances, not medicated, for Bandages.
surgical or curative purposes Friction gloves
or in relation to the health of Lancets.
men or animals. Fleams.
Enemas.
Class 12.
Cutlery and edge tools. Such as-
Knives.
Forks.
Scissors.
Shears.
Files.
Saws.





Classification of goods,-contd.

Class 13.
Metal goods not included inSuch as-
other classes. Anvils.
Keys.
Basins, metal.
Needles.
Hoes.
Shovels.
Corkscrews.
Class 14.
Goods of precious metals (in- Such as-
cluding aluminium, nickel, Plate.
Britannia metal, etc.) and Clock cases and pencil cases
jewellery, and imitations of of such metals.
such goods and jewellery.Sheffield and other plated
goods
Gilt and ormolu work.
Class 15.
Glass. Such as-
Window and plate glass.
Painted glass.
Glass mosaic.
Glass beads.
Class 16.
Porcelain and earthenware. Such as-
China.
Stone-ware.
Terracotta.
Statuary porcelain
Tiles.
Bricks.
Class 17.
Manufactures from mineral and Such as-
other substances for building Cement.
or decoration. Plaster.
Imitation marble.
Asphalt.
Class 18.
Engineering, architectural and Such as-
building contrivances. Diving apparatus.
Warming apparatus.
Ventilating apparatus.
Filtering apparatus.
Lighting contrivances.
Drainage contrivances.
Electric and pneumatic bells.
class 19.
Arms, ammunition and stores Such as-
not included in Class 20,Cannon.
Small arms.
Fowling pieces.
Swords.
Shot and other projectiles.
Camp equipage.
Equipments.
Class 20.
Explosive substances. Such as-
Gunpowder.
Gun cotton.





Classification of goods,-contd.

Dynamite.
Fog signals..
Percussion caps.
Fireworks.
Cartridges.

Class 21.
Naval architectural contrivances Such as-
and naval equipments not in- Boats.
cluded in Classes 19 and 20. Anchors.
Chain cables.
Rigging.

Class 22,
Carriages. Such as-
Railway carriages.
Wagons.
Railway trucks.
Bicycles.
Bath chairs.

Class 23.
(a) Cotton yarn.
(b) Sewing cotton.

Class 24.
Cotton piece goods of all kinds. Such as-
Cotton shirtings,
Longeloth.

Class 25.
Cotton goods not included in Such as-
Classes 23, 24 or 38. Cotton lace.
Cotton braids.
Cotton tapes.
Class 26.
Linen and hemp yarn and
thread.

Class 27
Linen and hemp piece goods,

'Class 28.
Linen and hemp goods not in
eluded in Classes 26, 27 or 50.

Class 29.
Jute yarns and tissues, and
other articles inade of jute
not included in Class 50.

Class 30.
Silk, spun, thrown or sewing.

Class 31.
Silk piece goods.





Classification of goods,-contd.

Class 32.
Other silk goods not included in
Classes 30 and 31.

Class 33.
Yarns of wool, worsted or hair.

Class - 34._
Cloths and stufYs of wool,
worsted or hair.

Class 35.:
Woollen and worsted and hair
goods not included in Classes
33 and 34.

Class 36.
Carpets, floor-cloth and oil- Such as-
cloth. Drugget.
Mats and matting.
Rugs.
Class 37.
Leather, skins unwrought andSuch as-
wrought, and articles made of Saddlery.
leather not included in other Harness.
classes. Whips.
Portmanteaux.
Furs.
Class 38.
Articles of clothing. Such as-
Hats of all kinds.
Caps and bonnets.
Hosiery.
Gloves.
Boots and shoes.
Other ready-made clothing.
Class 39.
Paper (except paperhangings), Such as-
stationery and bookbinding. Envelopes.
Pens (except gold pens).
Ink.
Playing cards.
Blotting cases.
Copying presses.
Class 40.
Goods manufactured from india-
rubber and guttapercha not
included in other classes.

Class 41.
Furniture and upholstery. Such as-
Paperhangings.
Papier mfich6.
Mirrors.
Mattresses.





Classification of goods,-contd.

Class 42.
Substances used as food or as Such as-
ingredients in food.Cereals.
Pulses.
Olive oil.
Hops.
Malt.
Dried fruits.
Tea.
Sago.
Salt.
Sugar.
Preserved meats.
Confectionery.
Oileakes.
Pickles.
Vinegar.
Beer clarifiers.
Class 43.
Fermented liquors and spirits. Such as-
Beer.
Cider.
Wine.
Whisky.
Liqueurs.
Class 44.
Mineral and aerated waters,
natural and artificial, includ-
ing ginger beer.

Class 45.
Tobacco, whether manufactured
or unmanufactured.

Class 46.
Seeds for agricultural and horti-
cultural purposes.

Class 47.
Candles, common soap, deter-Such as-
gents; illuminating, heating Washing powders.
or lubricating oils; matches Benzine collas.
and starch, blue and other
preparations for laundry pur-
poses.
Class 48.
Perfumery (including toilet
articles, preparations for the
teeth and hair, and perfumed
soap).

Class 49.
Games of all kinds and sporting Such as-
articles not included in other Billiard tables.,
classes. Roller skates.
Fishing nets and lines.
Toys.





Classification of goods,-contd.

Class 50.
Miscellaneous- Such as---
(1) Goods manufactured from Coopers' wares.
ivory, bone or wood, not
included in other classes.
(2) Goods manufactured from
straw or grass, not includ-
ed in other classes.
(3) Goods -maonufactured from
animal and vegetable sub-
stances, not included in
other classes.
(4) Tobacco pipes.
(5) Umbrellas, walking sticks,
brushes and combs.
(6) Furniture cream, plate
powder.
(7) Tarpaulins, *tents, rick-
cloths, rope, twine.
(8)Buttons of all kinds other
than of precious metal or
imitations thereof.
(9) Packing and hose of all
kinds.
(10)Goods not included in the
fore~oing classes.

CHAPTER 44.
(Ordinance No. 15 Of 1928).
UNITED KINGDOM DESIGNS (PROTECTION).
No subsidiary legislation.

CHAPTER 45.
(Ordinance No. 15 of 1886).
BILLS OF LADING.
No subsidiary legislation.
Regulations - Fraser, vol. 2, p. 575. G.N. 795/38, G.N. 735/41. Ord. 33 of 1947. Title. Interpretation. Fees. Forms. Classification of goods. Documents. Service of documents. Address. Address for service. Agents. Registrable trade marks. Royal Arms. (Cap. 43). Arms of foreign state. Arms of city, etc. Prohibition of Red Cross, etc.. On trade marks. G.N. 795/38. Representations of living persons or persons recently dead. Name or description of goods. Application for registration. Application for old mark. Application by firm. Separate applications. Representations to be satisfactory. Specimens of trade marks in exceptional cases. Series of trade marks. Transliteration and translation. Acknowledgement of application. Search. Acceptance. Objections. Hearings. Registrar to state grounds of decision on request. Disclaimers. [r. 32 cont.] Advertisement of application. Advertisement of series. Opposition. Notice of opposition. Counter-statement. Evidence in support of opposition. Evidence in support of application. Evidence in reply by opponent. Further evidence. Exhibits. Hearing. [r. 42 cont.] Extension of time. Security for costs. Non-completion within 12 months. Entry in register. Associated marks. Death of applicant before registration. Certificate of registration. Joint request for entry of assignment. Request for entry for assignment by subsequent proprietor. [r. 51 cont.] Case accompanying request. Signature of request. Statutory declaration in support of request. Proof of title. Endorsement of assignment on certificate of registration. G.N. 735/41. Renewal of registration. Notification of receipt of renewal fee. Notice before removal of trade mark from register. Advertisement of non-payment. Removal of trade mark from register, and restoration. Record of removal in register. Notice and advertisement of renewal. Endorsement of renewal on certificate of registration. G.N. 735/41. Alteration of address in register. Hearing. Application for hearing. Notice of hearing. Notification of decision. Application under section 23 of the Ordinance. Registrar to inquire and decide. Note in register. Application under section 32. Evidence. Advertisement of application. [r. 75 cont.] Alteration of trade mark. Advertisement of alteration. Application to rectify or remove a trade mark from the Register. Ord. 33/47, Second Schedule. Further procedure. Ord. 33/47, Second Schedule. Intervention by third parties. Ord. 33/47, Second Schedule. Search. Dispensing with evidence. Amendment of documents. Enlargement of time. Fees paid late by person living at distances from office. Certificate by Registrar. Marks registered without limitation of colour. Certificates for use in obtaining registration abroad. Manner in which and person before whom, declaration is to be made and taken. Notice of seal of officer taking declaration to prove itself. Appeal to court. [r. 91 cont.] Withdrawal of appeal. Order of court. Publication of order of court. G.N. 735/41. G.N. 735/41. (a) Here state full name and address. (b) Delete word (or words) not applicable. (a) Here state full name and address. *Delete word not applicable.

Regulations - Fraser, vol. 2, p. 575. G.N. 795/38, G.N. 735/41. Ord. 33 of 1947. Title. Interpretation. Fees. Forms. Classification of goods. Documents. Service of documents. Address. Address for service. Agents. Registrable trade marks. Royal Arms. (Cap. 43). Arms of foreign state. Arms of city, etc. Prohibition of Red Cross, etc.. On trade marks. G.N. 795/38. Representations of living persons or persons recently dead. Name or description of goods. Application for registration. Application for old mark. Application by firm. Separate applications. Representations to be satisfactory. Specimens of trade marks in exceptional cases. Series of trade marks. Transliteration and translation. Acknowledgement of application. Search. Acceptance. Objections. Hearings. Registrar to state grounds of decision on request. Disclaimers. [r. 32 cont.] Advertisement of application. Advertisement of series. Opposition. Notice of opposition. Counter-statement. Evidence in support of opposition. Evidence in support of application. Evidence in reply by opponent. Further evidence. Exhibits. Hearing. [r. 42 cont.] Extension of time. Security for costs. Non-completion within 12 months. Entry in register. Associated marks. Death of applicant before registration. Certificate of registration. Joint request for entry of assignment. Request for entry for assignment by subsequent proprietor. [r. 51 cont.] Case accompanying request. Signature of request. Statutory declaration in support of request. Proof of title. Endorsement of assignment on certificate of registration. G.N. 735/41. Renewal of registration. Notification of receipt of renewal fee. Notice before removal of trade mark from register. Advertisement of non-payment. Removal of trade mark from register, and restoration. Record of removal in register. Notice and advertisement of renewal. Endorsement of renewal on certificate of registration. G.N. 735/41. Alteration of address in register. Hearing. Application for hearing. Notice of hearing. Notification of decision. Application under section 23 of the Ordinance. Registrar to inquire and decide. Note in register. Application under section 32. Evidence. Advertisement of application. [r. 75 cont.] Alteration of trade mark. Advertisement of alteration. Application to rectify or remove a trade mark from the Register. Ord. 33/47, Second Schedule. Further procedure. Ord. 33/47, Second Schedule. Intervention by third parties. Ord. 33/47, Second Schedule. Search. Dispensing with evidence. Amendment of documents. Enlargement of time. Fees paid late by person living at distances from office. Certificate by Registrar. Marks registered without limitation of colour. Certificates for use in obtaining registration abroad. Manner in which and person before whom, declaration is to be made and taken. Notice of seal of officer taking declaration to prove itself. Appeal to court. [r. 91 cont.] Withdrawal of appeal. Order of court. Publication of order of court. G.N. 735/41. G.N. 735/41. (a) Here state full name and address. (b) Delete word (or words) not applicable. (a) Here state full name and address. *Delete word not applicable.

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