TRADE MARKS REGISTER (RECONSTRUCTION) ORDINANCE

TRADE MARKS REGISTER (RECONSTRUCTION) ORDINANCE

CHAPTER 262.

TRADE MARKS REGISTER (RECONSTRUCTION).

To authorize and provide for the reconstruction of the
Register of Trade Marks formerly kept under the Trade
Marks Ordinance, (Chapter 43 of the Revised Edition)
and to amend and modify the application of the said
Ordinance.

[9th February, 1948.]

1. This Ordinance may be cited as the Trade Marks
Register (Reconstruction) Ordinance, and shall be, construed
and take effect as one with the Trade Marks Ordinance, here-
inafter referred to as the principal Ordinance.

2. In this Ordinance-
'new register' means any register kept by, the Registrar for
the purpose of complying with section 4 Of thC principal
Ordinance, not being a register kept by the Registrar
prior to the 25th day of December, 1941
'old register' means the register of trade marks which,
prior to the 25th day of December, 1941, was kept by
the Registrar under scctiOn 4 of the principal Ordinance.

3. (1) Any person claiming to have been the registered
proprietor of a trade mark registered in the old register or to
have become entitled thereto by assignment, transmission or
other operation of law may, within two years from the corn-
mencement of this Ordinance, apply in writing to the
Registrar in the prescribed manner for the registration of such
trade mark and for the appropriate entries to be made to show
that he is the registered proprietor thereof. Any such
application shall be supported by such evidence as is neces-
sary to substantiate the claim.

(2) In the event of such application being made in the
name of the person who was registered as the proprietor of
the trade mark in the old register it shall be made in Form
i of the Schedule to this Ordinance. In every other case it
shall be made in Form 2 of the Schedule to this Ordinance.
In addition to any other fees prescribed, a fee of twenty
dollars shall be payable upon every such application.





(3) If, upon receipt of such application and the evidence
in Support, the Registrar is satisfied that the applicant is
entitled to be registered as the proprietor of a trade mark
previously registered in the old register, he shall register the
trade mark in the new register and shall make all entries
necessary and appropriate to show that the applicant is the
registered proprietor thereof.

4. If the applicant is in possession of the original
certificate of registration he shall produce the same to the
Registrar who shall indorse thereon the fact of registration
in the new register in Form 3 of the Schedule to this
Ordinance.

5. Where the applicant fails to produce to the registrar
the original certificate of registration the Registrar, if he is
satisfied by other evidence that the applicant is entitled to
be registered as the registered proprietor of a trade mark,
shall prepare a fresh certificate of registration and shall
indorse thereon the fact of registration in the new register in
Form 4 of the Schedule to this Ordinance.

6. Where there is no evidence before the Registrar as
to the date of the original application for registration upon
which registration in the old register was made or where such
evidence as there may be is unsatisfactory the Registrar shall
register as the date of such application the date of the Gazette
notification by which application for registration of the trade
mark was first advertised and thereafter, unless and until the
actual date of the receipt of the original application shall
have been satisfactorily ascertained and entered on the new
register, the date of such Gazette notification shall for the
purposes of this Ordinance and of the principal Ordinance
be deemed to be the date of registration.

1 7. A trade mark which was registered in the old
register and is not, within two years of the commencement
of this Ordinance, also registered in the new register shall
not be deemed to be a registered trade mark.

8. (1) If the expiration of the last registration of a
trade mark has occurred or occurs before the commencement
of this Ordinance or will occur after the commencement of





this Ordinance and before or within six months after
registration has been effected under section 3 hereof, the
provisions of the principal Ordinance and of the Trade Marks
Rules shall apply with the modifications hereinafter
appearing.

(2) If the expiration of the last registration of a trade
mark will occur after the commencement of this Ordinance
but before or within six months after registration has been
effected under section 3 hereof, then such registration and the
renewal thereof shall be effected simultaneously and the
Registrar shall refuse to effect registration save upon pay-
ment of the prescribed renewal fee.

(3) If the expiration of the last registration of a trade
mark has occurred or occurs before the commencement of this
Ordinance, then-
(a)if notification has been given in the Gazette that the
trade mark has been removed from the old register,
section 31 of the principal Ordinance shall apply as
if the period from the 6th day of December, 1941,
to the commencement of this Ordinance (both in-
clusive) were excluded from the computation of the
period of one year after the date when a trade mark
has been removed from the register referred to in
that section ; and
(b)if no such notification has been given renewal may
be effected within two years after the commencement
of this Ordinance: Provided always that in any
such case registration under section 3 hereof and
the renewal thereof shall be effected simultaneously
and the Registrar shall refuse to effect registration
save upon payment of the prescribed renewal fee.

(4) Subsection (3) of this section shall not apply to any
trade mark which has been removed from the register prior
to the 6th day of Decernber, 1941.

(5) If through some mistake or omission contrary to the
provisions of this section renewal is not effected simul-
taneously with registration under section 3 or the prescribed
renewal fee has riot been paid then notwithstanding anything
contained in section 30 of the principal Ordinance or in Rule
58 of the Trade Marks Rules, the Registrar shall proceed in
like manner as if he had duly sent notice in the prescribed





manner to the registered proprietor at the prescribed time
before the expiration of the last registration of the trade rnark
and the principal Ordinance and the said rules shall apply
and have effect as if such notice had been duly sent as afore-
said.

9. (1) A fresh application for registration shall be
required in the case of any application for registration
pending but undisposed of in December, 1941.

(2) If such trade mark is subsequently registered section
41 of the principal Ordinance shall, in the case of such trade
mark, be read and construed as if for the words 'the date of
such original registration' contained in line four thereof
there had been substituted the words 'the commencement
of the Trade Marks (Reconstruction) Ordinance (Chapter 262
of the Revised Edition)'.

(3) Notwithstanding the provisions of subsection (i) of
this section registration shall be effected as of the date of
receipt of the application pending in December, 1941, Or, if
such date cannot be satisfactorily ascertained, then the date
of the Gazette notification by which application for regis-
tration of the trade mark was first advertised.

10. It shall be lawful for the Governor in Council to
make rules for regulating practice and procedure under this
Ordinance, and without prejudice to the generality of the
foregoing power, such rules may prescribe fees and forms
and such rules may rescind or amend in any way whatsoever
subsection (2) of section 3 and section 4, 5 or 8. [12

SCHEDULE.

FORM 1. [s. 3 (2).]
TRADE MARKS REGISTER (RECONSTRUCTION)
ORDINANCE.
(Chapter 262 of the Revised Edition).

APPLICATION FOR REGISTRATION IN THE NEw REGISTER OF A TRADE
MARK PREVIOUSLY REGISTERED IN THE OLD REGISTER.
One representation identical with
the trade mark previously
registered in the old register 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 the registration in the new
register of the accompanying trade mark previously registered in
the name of ...........................................................................
in the old register as No.of 19 , in Class ...............
in respect of ...........................................................................
This application is made in the name of ..............................
.....................of (address and description)
who claims to be the proprietor of the said trade mark.

*expired
The last registration of the said trade mark *will expire
on the ...day of ...........19

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

DATED this ..day of .........19

TO: The Registrar of Trade Marks,
HONG KONG.
* Delete whichever is not applicable.

FORm 2. [s. 3 (2).]

TRADE MARKS REGISTER (RECONSTRUCTION)
ORDINANCE.
(Chapter 1162 of the Revised Edition).

APPLICATION FOR REGISTRATION IN THE NEw REGISTER OF A TRADE
MARK PREVIOUSLY REGISTERED IN THE OLD REGISTER.

One representation identical with
the trade mark previously
registered in the old register 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 the registration in the new
register of the accompanying trade mark previously registered in
the name of ...........................................................................
in the old register as No.of 19 , in Class ...............
in respect of ...........................................................................
This application is made in the name of ..............................
who claims to be the proprietor of the said trade mark.





STATEMENT OF DEVOLUTION or TITLE.
(To be completed where application is made by a person who was
not registered as the proprietor in the old register)
*expired
The last registration of the said trade mark *will expire
on the ..day of ............19

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

DATED this .day o f ..........,19

TO: The Registrar of Trade Marks,
HONG KONG.
* Delete whichever is not applicable.

FoRm 3. [s. 4.]
TRADE MARKS' REGISTER (RECONSTRUCTION)
ORDINANCE.
(Chapter 262 of the Revised Edition).

Particulars of this trade mark were recorded in the register
on.......the .............day of 19

Registrar of Trade Marks.

FORm 4. [s. 5.]
TRADE MARKS REGISTER (RECONSTRUCTION)
ORDINANCE.
(Chapter 262 of the Revised Edition).

FRESH CERTIFICATE OF REGISTRATION.
(Original stated to have been lost)
Particulars of this trade mark were recorded in the register
on.......the .............day of 19

Registrar of Trade Marks.

(Note : As at the 1st September, 195o, there existed no rules
under section io of the above Ordinance)
33 of 1947. 9 of 1950. Short title. (Cap. 43.) Interpretation. Application for registration in new register. Schedule. Forms 1, 2. Procedure where original certificate of registration is produced. Schedule. Form 3. Procedure where original certificate of registration is not produced. Schedule. Form 4. Procedure where date of receipt of original application for registration is unknown. Effect of failure to register. 9 of 1950, Schedule. Renewals. [s. 8 cont.] Applications pending in 1941. Power of Governor in Council to make rules. Schedule cont. Schedule cont.

33 of 1947. 9 of 1950. Short title. (Cap. 43.) Interpretation. Application for registration in new register. Schedule. Forms 1, 2. Procedure where original certificate of registration is produced. Schedule. Form 3. Procedure where original certificate of registration is not produced. Schedule. Form 4. Procedure where date of receipt of original application for registration is unknown. Effect of failure to register. 9 of 1950, Schedule. Renewals. [s. 8 cont.] Applications pending in 1941. Power of Governor in Council to make rules. Schedule cont. Schedule cont.

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