TRADE MARKS RULES
Title
TRADE MARKS RULES
Description
TRADE MARKS RULES
ARRANGEMENT OF RULES
Rule....................................... Page
1. Citation ..............................A 6
2. Interpretation ........................A 6
OF TRADE MARKS SECTIONS 9 To 12)
PRELIMINARY ADVICE (SECTION 73)
3. Unacceptable words and representations A 6
4. Royal Arms, etc . .....................A 7
5. Armorial bearings, insignia, flags, etc . A 7
6. Living persons or persons recently dead A 7
7. Name or description of goods ..........A 8
8. Preliminary advice by Registrar as to distinctiveness A 8
APPLICATION FOR REGISTRATION OF A TRADE MARK
(SECTION 13)
9. Form of application ...................A 8
10........................................Specification must be justified by use or intended use A 9
11........................................Separate applications for different classes A 9
12........................................Representations of marks to be satisfactory A 9
13........................................Specimens of trade marks in exceptional cases A 10
14........................................Series of trade marks A10
is........................................Transliteration and translation A10
PROCEDURE ON RECEIPT OF AN APPLICA11ON FOR
REGISTRATION OF A TRADE MARK
16........................................Search A10
17........................................Acceptance, absolute or conditional; objection All
18........................................Registrar's objections. Hearing All
19........................................Registrar's conditions, etc. Hearing All
20........................................Decision of Registrar All
21........................................Disclaimer A 12
ADVERTISEMENT OF APPLICATION FOR REGISTRATION
OF A TRADE MARK (SECTION 14)
22........................................Advertisement of application A 12
OPPOSITION To APPLICATION FOR REGISTRATION
OF A TRADE MARK (SECTION 15)
23........................................Notice of opposition A 12
24........................................Counter-statement A 13
25........................................Evidence in support of opposition
Rule Page
26. Evidence in support of application ..A 13
27. Evidence in reply by opponent .......A 13
28. Further evidence ....................A 14
29. Exhibits ............................A 14
30. Hearing .............................A 14
31. Extension of time ...................A 14
32. Withdrawal of appeal ................A 14
33. Advertisement of trade mark as amended under section 15(9) A 15
34. Security for costs. Costs in uncontested cases A15
REGISTRATION OF A TRADE MARK (SECTION 17)
35. Entry in register ...................A 15
36. Death of applicant before registration A 16
37. Certificate of registration .........A 16
NON-COMPLETION OF REGISTRATION (SECTION 17(4))
38. Non-completion within 12 months .....A 16
ASSOCIATED TRADE MARKS (SECTION 24)
39. Associated marks ....................A 16
ASSIGNMENT AND TRANSMISSION (SECTIONS 41 To 44)
40. Joint application for registration of assignment or transmission A 17
41. Application by subsequent proprietor for registration of assignment or
transmission ............................A 17
42. Particulars to he stated in application A 17
43. Case accompanying application .......A 17
44. Proof of title ......................A 18
45. Application for registration of assignment without goodwill A 18
46. Entry in register ...................A 18
47. Separate registrations ..............A 19
48. Registrar's certificates ............A 19
49. Registrar's directions for advertisement of assignment without goodwill of
trade mark in use .......................A 19
CERTIFICATION TRADE MARKS ((SECTIONS 64, 65, 66 AND 68)
50. Application for registration ........A 20
51. Rules to apply as to applications for registration of ordinary trade marks A 20
52. Case: Draft regulations .............A 20
Rule....................................... Page
53....................Advertisement of application
............................................................. A 20
54........................................Opposition to application A 21
55........................................Application by registered proprietor for alteration of regulations A 21
56........................................Rectification of certification trade mark entries in register A 21
RENEWAL OF REGISTRATION (SECTIONS 45 To 47)
57........................................Renewal of registration A 21
58........................................Notice before expiration of registration A 22
59........................................Advertisement of non-payment of renewal fee A 22
60........................................Removal of trade mark from register. Restoration A 22
61........................................Record of removal A 22
62........................................Notice and advertisement of renewal and restoration A 23
RECTIFICATION AND CORRELATION OF REGISTER
(SECTIONS 37, 48, 49, 50 AND 57)
63........................................Application to rectify or remove a trade mark from the register A 23
64....................Procedure on receipt of application
............................................................. A 23
65........................................Intervention by third parties A 23
66........................................Application under section 50(1) A 24
67........................................Evidence A 24
68........................................Advertisement of certain applications A 24
69........................................Certificate of validity to be noted A 24
ALTERATION OF REGISTERED TRADE MARK (SECTION 51)
70....................Application for alteration ........................................... A 25
71........................................Advertisement before decision A25
72........................................Alteration and notification thereof A 25
73........................................Advertisement illustration A 25
CLASSIFICATION (SECTIONS 8 AND 54)
74........................................Classification of goods A 26
75........................................Application by registered proprietor for conversion of specification A 26
76........................................Advertisement of proposed conversion. Opposition A 26
77........................................Conversion of specification A 27
DEFENSIVE TRADE MARKS (SECTIONS 55 To 57)
78........................................Application under section 55 A 27
Rule...................................... Page
REGISTERED USERS (SECTIONS 50(2) AND 58 To 63)
79.......................................Application for entry of registered user A 28
80.......................................Entry and notification A 28
81.......................................Application of registered proprietor to vary entry A 28
82.......................................Application by registered proprietor or user to cancel entry A 28
83.......................................Application under section 60(1)(c) to cancel entry A 28
84.......................................Notification and intervention A 29
85.......................................Application of registered user under section 50(2) A 29
DISCRETIONARY POWER (SECTION 74)
86.......................................Hearing A 29
87.......................................Application for hearing A 30
88.......................................Notice of hearing A 30
89.......................................Notification of decision A 30
POWER To DISPENSE WITH EVIDENCE ETC.
90.......................................Dispensing with evidence, etc . A 30
EXTENSION OF TIME
91.......................................Extension of time A 30
92.......................................Excluded days A 31
POWER To TAX COSTS
92A......................................Power to tax costs A 31
FEES
93.......................................Fees A 31
FORM
94.......................................Forms A 31
DOCUMENTS
95.......................................Size, etc. of documents A 32
96.......................................Signature of documents by partnerships, companies and associations A 32
97.......................................Service of documents A 32
98. Amendment.......................of documents
............................................................................... A 32
Rule ......................................Page
ADDRESS
99. Address ..............................A33
100.......................................Address for service A 33
101.......................................Alteration of address in register A 34
AGENTS
102.......................................Agency A 34
CERTIFICATES
103.......................................Certificates by Registrar A35
104.......................................Certificate of mark registered without limitation of colour A 36
105.......................................Certificate for use in obtaining registration abroad A 36
DECLARATIONS
106.......................................Manner in which, and person before whom, declaration is to be taken A 36
107.......................................Seal or signature of officer taking declaration to prove itself A 37
SEARCH
108. Search to ascertain whether trade mark resembling submitted mark is on
record
........................................................................................................... A 37
APPLICATIONS AND APPEALS To THE
COURT
109. Application or appeal to Court. Right of defendant in action for infringement A 37
110. Application to be served on the Registrar A 38
ORDERS OF THE COURT
ill. Copy of order of Court to be left at the Registry A 38
112. Publication of order of Court A38
DAYS AND HOURS OF
BUSINESS
113......................................Days and hours A 39
Schedule 1. Fees .........................A 39
Schedule 2. Forms ........................A 46
Schedule 3. Classification of Goods ......A 86
Schedule 4. Classification of Goods. Names of the Classes ses A 88
TRADE MARKS RULES
(Cap. 43, section 90)
[1 January 19551
47 of 1954, Schedule L.N. 28 of 1964, L.N. 58 of 1968, L.N. 125 of 1974, L.N. 199 of 1977,
L.N. 242 of 1981, L.N. 397 of 1984, L.N. 113 of 1985, L.N. 256 of 1987, R. Ed. 1987, L.N.
234 of 1989,
1. Citation
These rules may be cited as the Trade Marks Rules.
2. Interpretation
In these rules, unless the context otherwise requires-
'Registry' means the Trade Marks Registry, Hong Kong;
section means a section of the Ordinance, a subsection being indicated by a number
enclosed in brackets immediately following the number of the section;
'specification' means the designation of goods in respect of which a trade mark, or a
registered user of a trade mark, is registered or proposed to be registered
REGISTRABILITY OF TRADE MARKS (SECTIONS 9
TO 12)
PRELIMINARY ADVICE (SECTION
73)
3. Unacceptable words and representations
(1) The Registrar may refuse to accept any application for the registration of a
mark upon which any of the following appear
(a)The words 'Patent', 'Patented', 'Registered', 'Registered Design%
'Copyright', 'Entered at Stationers' Hall', 'To counterfeit this is a
forgery', or words to the like effect.
(b)Representations of Their Majesties or any member of the Royal
Family, or any colourable imitations thereof.
(c)The words 'Red Cross' or 'Geneva Cross' and representations of
the Geneva and other crosses in red, or of the Swiss Federal cross in
white on a red ground or silver on a red ground, or such
representations in a similar colour or colours.
(2) Where there appears in a trade mark the registration of which is applied for a
representation of a cross in any colour, not being one of those mentioned in subrule
(1)(c), the Registrar may require the applicant as a condition of acceptance to
undertake not to use the cross device in red, or in white on a red ground or silver on
a red ground, or in any similar colour or colours.
(3) Representations of exhibition medals and awards that have been granted to
an applicant or his predecessor in business in respect of the goods for which a trade
mark is proposed to be registered may appear on the mark but shall not be accepted
as a registrable feature thereof. Representations of medals and awards that have not
been so granted to the applicant or his predecessor in business may not appear on
the mark.
4. Royal Arms, etc.
The following features may not appear on trade marks the registration of which
is applied for
(a)representations of the Royal or Imperial Arms, crests, armorial
bearings or insignia, or devices so nearly resembling any of the
foregoing as to be likely to be mistaken for them;
(b)representations of the Royal or Imperial crowns, or of the Royal,
Imperial or National flags;
(c)any words, such as 'RoyaL' or 'Imperial', or any letters or devices if
used in such a manner as to be likely to lead persons to think that the
applicant either has or recently has had Royal patronage or
authorization, whether or not such be the case;
(d) the word 'Anzac'.
(L.N. 28 of 1964)
5. Armorial bearings, insignia, flags, etc.
Where a representation of the armorial bearings, insignia, orders of chivalry,
decorations, flags or devices of any state, city, borough, town, place, society, body
corporate, institution or person appears on a mark, the Registrar, before proceeding
to register the mark, may require to be furnished with a consent to the registration
and use of such emblems from such official or other person as appears to the
Registrar to be entitled to give consent, and in default of such consent he may refuse
to register the mark.
6. Living persons or persons recently dead
Where the name or representation of any person appears on a trade mark the
Registrar shall, if he so require, before proceeding to register the mark be
furnished with consent from him or, in the case of a person recently dead, from his
legal representatives, and in default of such consent he may refuse to register the
mark.
7. Name or description of goods
(1) Where the name or 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.
(2) 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 for those and other goods, and in that case the applicant shall state in his
application that the name or description will be varied when the mark is used upon
goods covered by the specification other than the named or described goods.
8. Precautionary advice by Registrar as to distinctiveness
(1) Any person who proposes to apply for the registration of a trade mark in
Part A or Part B of the register in respect of any goods may apply to the Registrar on
Form TM-No. 1, or on Form TM-No. 2 in a case when he is also making an
application under rule 108(1), for advice as to whether the trade mark, of which
representations shall accompany the Form, appears to the Registrar prima facie to be
inherently adapted to distinguish within the meaning of section 9 or inherently
capable of distinguishing within the meaning of section 10 as the case may be in
relation to those goods, and shall apply separately in relation to goods comprised
within different classes of goods in Schedule 4. (L.N. 256 of 1987)
(2) A notice of withdrawal of an application for the registration of a trade mark
given under section 73(3) for the purpose of obtaining repayment of any fee paid on
the filing of the application shall be given in writing within 2 months from the date of
the notice of the Registrar's objection.
APPLICATION FOR REGISTRATION OF A TRADE
MARK
(SECTION 13)
9. Form of application
(1) An application under section 13 for the registration of a trade mark in Part A
or Part B of the register shall be addressed to the Registrar on Form TM-No. 3, and
shall have affixed thereto a representation of the mark. The application shall be
signed by the applicant or his agent. If the application is
made for or on behalf of a partnership or a body corporate it shall be signed in
manner provided by rule 96, but in either case it may be signed by an agent. (L.N.
256 of 1987)
(1A) Every application claiming priority under section 13A of the Ordinance by
reason of an application made or deemed to have been made in a Convention
country shall specify the country in which the application was made and the date of
that application, and the applicant shall furnish a certificate by the registrar or other
registering authority of that country, or otherwise verify the application made or
deemed to be made therein to the satisfaction of the Registrar. (L.N. 199 of 1977)
(2) (Repealed L.N. 256 of 1987)
(3) Each application shall be for registration in respect of goods in one class
only of Schedule 4.
(4) Each application shall be accompanied by 14 additional representations of
the trade mark exactly corresponding to that affixed to Form TM-No. 3. (L.N. 199 of
1977; L.N. 256 of 1987)
10. Specification must be justified by use or intended use
In the case of an application under section 13 for registration in respect of all
the goods included in a class, or of a large variety of goods, the Registrar may refuse
to accept the application unless he is satisfied that the specification is justified by
the use of the mark which the applicant has made, or intends to make if and when it is
registered.
11. Separate applications for different classes
Applications under section 13 for the registration of the same mark in different
classes shall be treated as separate and distinct applications, and in all cases where a
trade mark is registered under the same official number for goods in more than one
class, whether on conversion of the specification under rule 75 or otherwise, the
registration in respect of the goods included in each separate class shall be deemed
to be a separate registration for all the purposes of the Ordinance.
12. Representations of marks to he satisfactory
In any application under section 13, the Registrar, if dissatisfied with any
representation of a mark, may at any time require another representation satisfactory
to him to be substituted before proceeding with the application.
13. Specimens of trade marks in exceptional cases
In any application under section 13
(a)where a drawing or other representation or specimen cannot be given
in manner aforesaid, a specimen or copy 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; and
(b)the Registrar may also, in exceptional cases, deposit in the Registry 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.
14. Series of trade marks
When application under section 13 is made for the registration of a series of
trade marks under section 26, a representation of each trade mark of the series shall
be affixed, as aforesaid, to the application form, and 14 additional sets of
representations shall be supplied therewith.
(L.N. 199 of 1977; L.N. 256 of 1987)
15. Transliteration and translation
In any application under section 13
(a)where a trade mark contains a word or words in characters other than
Roman, there shall, unless the Registrar otherwise directs, be
endorsed on the application form a sufficient transliteration and
translation to the satisfaction of the Registrar of each of such words,
and every such endorsement shall state the language to which the
word belongs and shall be signed by the applicant or his agent; and
(b)where a trade mark contains a word or words in a language other than
English, the Registrar may ask for an exact translation thereof
together with the name of the language, and such translation and
name, if he so requires, shall be endorsed and signed as aforesaid.
PROCEDURE ON RECEIPT OF AN APPLICATION FOR
REGISTRATION OF A TRADE MARK
16. Search
Upon receipt of an application for the registration of a trade mark in respect of
any goods 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 in respect of the same goods or description of goods any marks
identical with the mark applied for, or so nearly resembling it as to render the mark
applied for likely to deceive or cause confusion.
17. Acceptance, absolute or conditional; objection
After such search, and consideration of the application, and of any evidence of
use or of distinctiveness or of any other matter which the applicant may or may be
required to furnish, the Registrar may accept the application absolutely, or he may
object to it, or he may express his willingness to accept it subject to such conditions,
amendments, disclaimers, modifications or limitations as he may think right to
impose.
18. Registrar's objections. Hearing
If the Registrar objects to the application, he shall inform the applicant of his
objections in writing, and unless within 3 months the applicant applies for a hearing
or makes a considered reply in writing to those objections he shall he deemed to
have withdrawn his application.
(LN. 28 of 1964; L.N. 256 of 1987)
19. Registrar's conditions, etc. Hearing
(1) If the Registrar is willing to accept the application subject to any conditions,
amendments, disclaimers, modifications or limitations, he shall communicate such
willingness to the applicant in writing, and, if the applicant objects to such
conditions, amendments, disclaimers, modifications, or limitations he shall within 3
months from the date of the communication apply for a hearing or communicate his
considered objections in writing, and if he does not do so he shall be deemed to
have withdrawn his application. If the applicant does not object to such conditions,
amendments, disclaimers, modifications or limitations, he shall forthwith notify the
Registrar in writing, and alter his application accordingly. (L.N. 256 of 1987)
(2) The Registrar may require that a transliteration or translation of a word trade
mark, or the name of a device trade mark, appears on the mark in Chinese characters
if in his opinion this is necessary to avoid the likelihood of deception or confusion
and for the protection of the public.
20. Decision of Registrar
(1) The decision of the Registrar, at a hearing as in rule 18 or 19, or without a
hearing if the applicant has duly communicated his considered objections or
considered reply in writing, and has stated that he does not desire to be heard, shall
be communicated to the applicant in writing, and if the
applicant objects to such decision he may within 3 months by applying upon
Form TM-No. 5 require the Registrar to state in writing the grounds of, and
the materials used by him in arriving at, his decision. (L.N. 256 of 1987)
(2) In a case where the Registrar makes any requirements to which the
applicant does not object, the applicant shall comply therewith before the
Registrar issues such statement in writing. The date when such statement is sent
to the applicant shall be deemed to be the date of the Registrar's decision for
the purpose of appeal.
21. Disclaimer
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.
ADVERTISEMENT OF APPLICATION FOR REGISTRATION
OF A TRADE MARK (SECTION 14)
22. Advertisement of application
(1) An application for the registration of a trade mark required or
permitted to be advertised by section 14 shall be advertised by the applicant in
one issue of the Gazette.
(2) In the case of an application with which the Registrar proceeds only
after the applicant has lodged the written consent to the proposed registration
of the registered proprietor of another trade mark or another applicant, the
words 'BY CONSENT' shall appear in the advertisement.
(3) If, with the approval of the Registrar, no representation of the trade
mark is included in the advertisement of the application, the applicant shall
supply a detailed description of the trade mark, approved by the Registrar, and
shall state in the advertisement that a representation of the trade mark is
deposited in the Registry for inspection.
(4) When an application relates to a series of trade marks the Registrar
may, if he thinks fit, direct the applicant to insert with the advertisement of the
application a statement of the manner in which the several trade marks differ
from one another.
OPPOSITION To APPLICATION FOR REGISTRATION
OF A TRADE MARK (SECTION 15)
23. Notice of opposition
Any person may within a period of 2 months from the date of the
advertisement of an application for registration of a trade mark give notice in
writing to the Registrar of opposition to the registration. The notice shall be on
Form TM-No. 6 and shall contain a statement of the grounds upon which the
opponent objects to the registration. It shall be accompanied by a duplicate
which the Registrar shall send to the applicant.
(L.N. 256 of 1987)
24. Counter-statement
Within 2 months from the receipt of such duplicate the applicant shall send
to the Registrar a counter-statement on Form TM-No. 7 setting out the
grounds on which he relies as supporting his application. The applicant shall
also set out what facts, if any, alleged in the notice of opposition he admits. The
counter-statement shall be accompanied by a duplicate which the Registrar
shall send to the opponent.
(L.N. 28 of 1964; L.N. 256 of 1987)
25. Evidence in support of opposition
Within 3 months from the receipt of the duplicate the opponent shall leave
with the Registrar such evidence by way of statutory declaration as he desires
to adduce in support of his opposition. The statutory declaration shall be
accompanied by a copy which the Registrar shall send to the applicant.
(L.N. 28 of 1964; L.N. 113 of 1985; L.N. 256 of 1987)
26. Evidence in support of application
If an opponent leaves no evidence, he shall, unless the Registrar otherwise
directs, be deemed to have abandoned his opposition but, if he does leave
evidence, then, within 3 months from the receipt of the copy of the statutory
declaration, the applicant shall leave with the Registrar such evidence by way of
statutory declaration as he desires to adduce in support of his application. The
statutory declaration shall be accompanied by a copy which the Registrar shall
send to the opponent.
(L.N. 28 of 1964; L.N. 113 of 1985; L.N. 256 of 1987)
27. Evidence in reply by opponent
Within 3 months from the receipt of the copy of the statutory declaration
the opponent may leave with the Registrar evidence by way of statutory
declaration confined strictly to matters in reply. The statutory declaration shall
be accompanied by a copy which the Registrar shall send to the applicant.
(L.N. 28 of 1964; L.N. 113 of 1985; L.N. 256 of 1987)
28. Further evidence
No further evidence shall be left by either side, but in any proceedings before
the Registrar he may at any time, if he thinks fit, give leave to either the applicant or
the opponent to leave any evidence upon such terms as to costs or otherwise as the
Registrar may think fit.
29. Exhibits
Where there are exhibits to statutory declarations left with the Registrar in an
opposition, a copy or impression of each exhibit shall be sent to the other party on
his request, and at his expense, or if such copies or impressions cannot conveniently
be furnished, the originals shall be left with the Registrar so that they may be open
to inspection. The original exhibits shall be produced at the hearing unless the
Registrar otherwise directs.
(L.N. 28 of 1964)
30. Hearing
(1) Upon completion of the evidence the Registrar shall give notice to the
parties of a date when he will hear the arguments in the case. The appointment shall
be for a date at least 14 days after the date of the notice, unless the parties consent
to a shorter notice. Within 7 days from the receipt of the notice any party who
intends to appear shall so notify the Registrar on Form TM-No. 8. A party who
receives as aforesaid and who does not, within 7 days from the receipt thereof, so
notify the Registrar on Form TM-No. 8, may be treated as not desiring to be heard
and the Registrar may act accordingly. (L.N. 256 of 1987)
(2) The Registrar shall communicate to the parties, in writing, his decision and
the grounds of his decision. (L.N. 28 of 1964)
31. Extension of time
Where in opposition proceedings an extension of time is granted under rule 91
to any party, the Registrar may thereafter, if he thinks fit, without giving the party so
favoured a hearing, grant any reasonable extension of time to the other party in
which to take any subsequent step.
32. Withdrawal of appeal
Where under section 15(8) an appellant is entitled to withdraw his appeal, the
withdrawal shall be effected by notice given to the Registrar and to the other parties,
if any, to the appeal within 7 days after the leave referred to in that section has been
obtained.
33. Advertisement of trade mark as
amended under section 15(9)
When under section 15(9) permission is given for a trade mark to be
modified, the Registrar shall require the mark as amended to be advertised in
one issue of the Gazette.
34. Security for costs. Costs in uncontested cases
(1) Where a party giving notice of opposition or an applicant sending a
counter-statement after receipt of a copy of such a notice neither resides nor
carries on business in Hong Kong, the Registrar may require him to give
security, in such form as the Registrar may deem sufficient, for the costs of the
proceedings before the Registrar, for such amount as to the Registrar may seem
fit, and at any stage in the opposition proceedings may require further security
to be given at any time before giving his decision in the case. (L.N. 256 of
1987)
(2) In the event of an opposition being uncontested by the applicant, the
Registrar in deciding whether costs should be awarded to the opponent shall
consider whether proceedings might have been avoided if reasonable notice had
been given by the opponent to the applicant before the notice of opposition was
lodged.
REGISTRATION OF A TRADE MARK (SECTION 17)
35. Entry in register
(1) As soon as may be after the expiration of 2 months from the date of
the advertisement in the Gazette of any application for the registration of a
trade mark, the Registrar shall, subject to any opposition and the determination
thereof, and subject to the provisions of section 17(1), and upon payment of the
prescribed fee on Form TM-No. 9, enter the trade mark 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 3,
and such other particulars as the Registrar may deem necessary. (L.N. 256 of
1987)
,(2) In the case of an application which the Registrar accepts only after
the applicant has lodged the written consent to the proposed registration of the
registered proprietor of another trade mark or another applicant for
registration, the aforesaid entry in the register shall state that it is 'BY
CONSENT', and shall give the number of the previous registration or the
application for registration.
(3) When a trade mark has been entered in the register, the fact of
registration shall be advertised in the Gazette.
36. Death of applicant before registration
In the case of the death of any applicant for the registration of a trade mark after
the date of his application, and before the trade mark has been entered in the
register, the Registrar, after the expiration of the prescribed period of advertisement
and the determination of any opposition to the application, 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 trade mark,
on such ownership being proved to the satisfaction of the Registrar.
37. Certificate of registration
Upon the registration of a trade mark the Registrar shall issue to the applicant a
certificate in Form TM-No. 10, and shall affix thereto a copy of the mark supplied by the
applicant under rule 9(4). No fee shall be charged for the certificate.
(L.N. 28 of 1964)
NON-COMPLETION OF REGISTRATION (SECTION 17(4))
38. Non-completion within 12 months
Where registration of a trade mark is not completed within 12 months from the
date of the application by reason of default on the part of the applicant, the Registrar
shall on Form TM-No. 11 give notice to the applicant or to his agent of such non-
completion. If after 14 days from the date when the notice was sent, or such further
time as the Registrar may allow, the registration is not completed, the application
shall be deemed to be abandoned.
ASSOCIATED TRADE MARKS (SECTION 24)
39. Associated marks
(1) Where a mark is registered as associated with any other mark or marks the
Registrar shall note upon the register in connection with the first-mentioned mark
the numbers of the marks with which it is associated, and shall also note upon the
register in connection with each of the associated marks the number of the first-
mentioned mark as being a mark associated therewith.
(2) An application by a registered proprietor under section 24(2) to dissolve the
association between 2 or more associated trade marks shall be made on Form TM-No.
12, and shall include a statement of the grounds of
the application.(L.N. 256 of 1987)
ASSIFNMENT AND TRANSMISSION (SECTIONS 41
To 44)
40. Joint application for registration
of assignment or transmission
Where a person becomes entitled by assignment or transmission to a registered
trade mark he may, conjointly with the registered proprietor, make application to the
Registrar on Form TM-No. 13 to register his title.
(L.N. 256 of 1987)
41.Application by subsequent proprietor for registration
of assignment or transmission
Where a person becomes entitled to a registered trade mark in the manner
referred to in rule 40, and no conjoint application as therein mentioned is made, he
shall make application to the Registrar on Form TM-No. 14 to register his title.
(L.N. 256 of 1987)
42. Particulars to he stated in application
An application under rule 40 or 41 shall contain the name, trade or business
address, nationality and description of the person claiming to be entitled, together
with full particulars of the instrument, if any, under which he claims, and such
instrument shall be produced to the Registrar for inspection, preferably at the time of
application. The full names of all the partners in a partnership shall be given in the
body of the application. The Registrar may in any case require and retain an attested
copy of any instrument produced for inspection in proof of title, but such copy shall
not be open to public inspection.
43. Case accompanying application
Where in the case of an application on Form TM-No. 13 or TM-No. 14 the
person applying for registration of his title does not claim under any document or
instrument which is capable in itself of furnishing proof of his title, he shall, unless
the Registrar otherwise directs, either upon or with the application, state a case
setting forth the full particulars of the facts upon which his claim to be proprietor of
the trade mark is based, and showing that the trade mark has been assigned or
transmitted to him. If the Registrar so requires, the case shall be verified by a
statutory declaration on Form TM-No. 15.
(L.N. 256 of 1987)
44. Proof of title
The Registrar may call on any person who applies to be registered as proprietor
of a registered trade mark for such proof or additional proof of title as he may require
for his satisfaction.
45. Application for registration of
assignment without goodwill
(1) An application under rule 40 or 41 relating to an assignment, on or after the
date of the commencement of the Ordinance, of a trade mark in respect of any goods
shall state
(a)whether the trade mark was, at the time of the assignment, used in a
business in any of those goods; and
(b)whether the assignment was made otherwise than in connection with
the goodwill of that business,
and, if both these circumstances subsisted, then the applicant shall leave with the
Registrar a copy of the Registrar's directions to advertise the assignment, obtained
upon application under section 41(6) and rule 49, and such proof, including copies of
advertisements or otherwise, as the Registrar may require that his directions have
been fulfilled; and if the Registrar is not satisfied that the directions have been
fulfilled, he shall not proceed with the application.
(2) For the purposes of section 18(3) the period within which a corporation may
be registered as the subsequent proprietor of a registered trade mark upon
application made under rule 40 or 41 shall be 6 months from the date on which the
trade mark was entered in the register or such further period not exceeding 6 months
as the Registrar may allow, on application being made to him on Form TM-No. 16 by
the applicant for registration of title or the registered proprietor, as the case may be,
at any time before or during the period for which the extension can be allowed. (L.N.
256 of 1987)
46. Entry in register
(1) When the Registrar is satisfied as to the title of the person claiming to be
registered, he shall cause him to be registered as proprietor of the trade mark in
respect of the relevant goods, and shall enter in the register his name, trade or
business address, nationality and description, and particulars of his assignment or
transmission.
(2) If so requested by the registered proprietor the Registrar shall make an
endorsement of the assignment or transmission on the certificate of registration.
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.
(L.N. 256 of 1987)
49.Registrar's directions for advertisement
of assignment without goodwill of trade
mark in use
(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)
CERTIFICATION TRADE MARKS (SECTIONS 64, 65, 66 AND 68)
50. Application for registration
An application for the registration of a certification trade mark under section 64
shall be made to the Registrar upon Form TM-No. 20, and shall be accompanied by a
duplicate of the application on Form TM-No. 20.
(L.N. 256 of 1987)
51. Rules to apply as to applications for registration
of ordinary trade marks
(1) These rules shall apply to such applications as they apply to applications
for the registration of ordinary trade marks, except that the applicant shall not be
deemed to have abandoned his application if in the circumstances of rule 18 or 19 he
does not apply for a hearing or reply in writing.
(2) The address of an applicant to register a certification trade mark shall be
deemed to be a trade or business address for all the purposes for which such an
address is required by these rules.
52. Case. Draft regulations
The applicant shall send to the Registrar with his application or when required
by the Registrar a case setting out the grounds on which he relies in support of his
application together with draft regulations for governing the use of the mark on Form
TM-No. 21, all being in duplicate. The Registrar may communicate to the applicant
any observations he may have to make on the sufficiency of the case or the
suitability of the draft regulations and the applicant may modify either of those
documents. The Registrar may at any time call for such evidence, if any, as he thinks
fit and shall, if required, hear the applicant before acting as provided in section 65(5).
When the application has been accepted the approved regulations, as well as the
form of application, shall be open to public inspection.
53. Advertisement of application
An application for the registration of a certification trade mark required to be
advertised under section 66 shall be advertised by the applicant in one issue of the
Gazette. The advertisement shall set forth all the conditions and limitations subject
to which the application has been accepted.
54. Opposition to application
(1) Any person may within a period of 2 months from the date of the
advertisement of an application for registration of a certification trade mark give
notice in writing to the Registrar of opposition under section 66(1). The notice shall
be on Form TM-No. 6 and rules 23 to 34 shall apply to the proceedings thereon.
(2) Within the same period as is mentioned in subrule (1) any person may give
notice to the Registrar on Form TM-No. 22 of opposition under section 66(2). Rules
23 to 34 shall apply mutatis mutandis to the proceedings on such notice of
opposition with substitution of Form TM-No. 23 for Form TM-No. 7, and of Form
TM-No. 24 for Form TM-No. 8. In any case of doubt any party may apply to the
Registrar for directions.
(L.N. 256 of 1987)
55. Application by registered proprietor
for alteration of regulations
An application by a registered proprietor of a certification trade mark under
section 68(1) for an alteration of the deposited regulations shall be made on Form
TM-No. 25. Where the Registrar requires such an application to be advertised by the
applicant in the Gazette the time within which any person may give notice to the
Registrar of opposition to the application shall be 2 months from the date of the
advertisement.
(L.N. 256 of 1987)
56. Rectification of certification trade
mark entries in register
An application by an aggrieved person to the Registrar under section 68(2) for
the expunging or varying of an entry in the register of or relating to a certification
trade mark, or for varying the relevant deposited regulations, shall be made on Form
TM-No. 26, and shall include full particulars of the grounds on which the application
is made.
(L.N. 256 of 1987)
RENEWAL OF REGISTRATION (SECTIONS 45 To
47)
57. Renewal of registration
At any time not more than 3 months before the expiration of the last registration
of a trade mark any person may leave with the Registrar a fee for the renewal of the
registration of the mark upon Form TM-No. 27, and, if he
is not the registered proprietor, shall sign a statement on the Form that he is
directed by the registered proprietor to pay the fee (if such be the case) and shall
give his address. Before taking any further step the Registrar may either-
(L.N. 256 of 1987)
(a)require the person leaving the fee to furnish within 10 days an
authority to pay the fee signed by the registered proprietor, and if
he does not furnish such authority may return the fee and treat it
as not received; or
(b)communicate with the registered proprietor stating that the fee
has been received and that the registration will in due course be
renewed.
58. Notice before expiration of registration
At a date not less than 1 month and not more than 2 months before the
expiration of the last registration of a mark, if no fee upon the Form TM-No.
27 has been received, the Registrar shall notify the registered proprietor in
writing of the approaching expiration.
59. Advertisement of non-payment of renewal fee
If at the date of the expiration of the last registration of a mark the
renewal fee has not been paid, the Registrar shall advertise the fact in the
Gazette, and if within 1 month of the date of that advertisement the renewal fee
upon Form TM-No. 27 together with an additional fee upon Form TM-No.
28 is received, he may renew the registration without removing the mark from
the register.
(L.N. 256 of 1987)
60. Removal of trade mark from register. Restoration
Where, at the expiration of 1 month from the date of the advertisement
mentioned in rule 59, the fees therein mentioned have not been paid, the
Registrar may remove the mark from the register as of the date of the
expiration of the last registration, but may, upon payment of the renewal fee
upon Form TM-No. 27 together with a restoration fee upon Form TM-No.
29, restore the mark to the register if satisfied that it is just so to do, and upon
such conditions as he may think fit to impose.
(L.N. 256 of 1987)
61. Record of removal
Where a trade mark has been removed from the register, the Registrar
shall cause to be entered in the register a record of the removal and of the cause
thereof.
62. Notice and advertisement of renewal and restoration
(1) Upon the renewal or restoration and renewal of a registration, a notice to
that effect shall be sent to the registered proprietor and the renewal or restoration
and renewal shall be advertised in the Gazette.
(2) If so requested by the registered `proprietor the Registrar shall make an
endorsement of the renewal on the certificate of registration.
RECTIFICATION AND CORRECTION OF REGISTER
(SECTIONS 37, 48, 49, 50 AND 57)
63. Application to rectify or remove
a trade mark from the register
An application to the Registrar under any of the sections 37, 48, 49, 50 or 57 for
the making, expunging or varying of any entry in the register shall be made on Form
TM-No. 30, and shall be accompanied by a statement setting out fully the nature of
the applicant's interest, the facts upon which he bases his case and the relief which
he seeks. Where the application is made by a person who is not the registered
proprietor of the trade mark in question it shall be accompanied by 2 copies of the
application and 2 copies of the statement, and the Registrar shall forthwith send
these copies to the registered proprietor at his trade or business address as entered
in the register, and, if an address for service different therefrom is entered in the
register, at that address also.
(L.N. 28 of 1964; L.N. 256 of 1987)
64. Procedure on receipt of application
Upon such application being made, and copy thereof transmitted to the
registered proprietor, if necessary, the provisions of rules 24 to 31 and 34 shall apply
mutatis mutandis to the further proceedings thereon; but the Registrar shall not
rectify the register or remove the mark from the register for the sole reason that the
registered proprietor has not filed a counter-statement. In any case of doubt any
party may apply to the Registrar for directions.
65. Intervention by third parties
Any person other than the registered proprietor alleging interest in a registered
trade mark in respect of which an application is made on Form TM-No. 30 may apply
to the Registrar on Form TM-No. 31 for leave to intervene, stating thereon the nature
of his interest, and the Registrar may refuse or grant such leave, after hearing (if so
required) the parties concemed, 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 he
may award to any party.
(L.N. 256 of 1987)
66. Application under section 50(1)
An application to the Registrar under section 50(1) for the alteration of
the register by correction, change, cancellation, or striking out goods, or for
the entry of a disclaimer or memorandum, may be made by the registered
proprietor of the trade mark or by such person as may satisfy the Registrar that
he is entitled to act in the name of the registered proprietor. Such applications
shall be made on Form TM-No. 32, TM-No. 33, TM-No. 34, TM-No.
35, TM-No. 36, TM-No. 37 or TM-No. 38, as may be appropriate; but an
application on Form TM-No. 35, or TM-No. 36, or TM-No. 38 shall be
signed by the registered proprietor or other person entitled under this rule
unless in exceptional circumstances the Registrar otherwise allows, or in the
case of Form TM-No. 38 only it is signed by an agent expressly authorized for
the purpose of such an application.
(L.N. 256 of 1987)
67. Evidence
In the case of an application as in rule 66, the Registrar may require such
evidence by statutory declaration or otherwise as he may think fit as to the
circumstances in which the application is made.
68. Advertisement of certain applications
Where application is made, on Form TM-No. 37, 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 to enable
any person desiring so to do to state, within 1 month of the date of the
advertisement, any reasons in writing against the making of the entry of the
disclaimer or memorandum.
(L.N. 256 of 1987)
69. Certificate of validity to he noted
Where the Court has certified as provided in section 75 with regard to the
validity of a registered trade mark, the registered proprietor thereof may
request the Registrar on Form TM-No. 39 to add to the entry in the register
a note that the certificate of validity has been granted in the course of the
proceedings, which shall be named on the Form. An office copy of the certificate
shall be sent with the request, and the Registrar shall so note in the register and
publish the note in the Gazette.
(L.N. 256 of 1987)
ALTERATION OF REGISTERED TRADE MARK (SECTION 5 1)
70. Application for alteration
Where a person desires to apply under section 51 that his registered trade mark
may be added to or altered, he shall make his application on Form TM-No. 40 and
shall furnish the Registrar with 4 copies of the mark as it will appear when so added
to or altered.
(L.N. 256 of 1987)
71. Advertisement before decision
The Registrar shall consider the application and shall, if it appears to him
expedient, require the application to be advertised by the applicant in one issue of
the Gazette before deciding it. Within 2 months from the date of such advertisement
any person may give notice of opposition to the application on Form TM-No. 41
accompanied by a duplicate of the notice, and may also send therewith a further
statement of his objections in duplicate. The Registrar shall send the duplicate
notice, and the duplicate of any further statement of objections, to the applicant, and
the provisions of rules 24 to 31 and 34 shall apply mutatis mutandis to the further
proceedings thereon. In any case of doubt any party may apply to the Registrar for
directions.
(L.N. 256 of 1987)
72. Alteration and notification thereof
If the Registrar decides to allow the application he shall add to or alter the mark
in the register, and shall insert in the Gazette a notification that the mark has been
altered. If the mark so added to or altered has not been advertised under rule 71, the
notification shall also contain a short statement of the nature of the addition or
alteration and an intimation that the amended mark can be seen by the public at the
Registry.
73. Advertisement illustration
In connection with an application to alter a registered trade mark the Registrar
may at any time require the applicant to supply to the Government Printer a printing
block satisfactory to the Registrar and suitable for
advertising the mark with the addition or alteration as aforesaid, if in the opinion of
the Registrar an advertisement describing the addition or alteration in words would
not be likely to be understood by persons interested in the matter.
CLASSIFICATION (SECTIONS 8 AND 54)
74. Classification of goods
(1) For the purposes of trade marks registrations dated before the
commencement of the Ordinance goods are classified in the manner appearing in
Schedule 3, unless any specification has been converted to Schedule 4 in
accordance with rule 75.
(2) For the purposes of trade marks registrations dated on or after the date of
the commencement of the Ordinance, and of registrations of registered users
thereunder, and for the purposes of any registrations dated before the
commencement of the Ordinance whereof the specifications have been converted in
accordance with rule 75, goods are classified in the manner appearing in Schedule 4.
75. Application by registered proprietor
for conversion of specification
(1) Where the specification of a registered trade mark is founded on Schedule 3
the registered proprietor may apply to the Registrar on Form TM-No. 42 for the
conversion of that specification so that it may be founded on Schedule 4, whether
with or without the striking out of goods therefrom, but so that the registration
retains its original date, and he shall include in the application a request for the like
conversion of the specification of the goods of any registered users under that
registration. (L.N. 256 of 1987)
(2) After receipt of such application the registrar, in accordance with section
54(3), shall send to the registered proprietor a proposal showing the form which, in
the Registrar's view, the amendment of the register should take.
(3) Two or more registrations of a trade mark in respect of goods falling within
the same class of Schedule 4, having the same date of registration, may be
amalgamated upon conversion in accordance with this rule.
76. Advertisement of proposed conversion. Opposition
(1) The proposal for amendment under section 54(3) shall be advertised by the
applicant in one issue of the Gazette. Notice of any opposition shall be given on
Form TM-No. 43 within 2 months from the date of the advertisement, and shall be
accompanied by a duplicate of the notice and by a
statement in duplicate showing how the proposed conversion would be contrary to
section 54(2). (L.N. 256 of 1987)
(2) The Registrar shall send the duplicate copies to the registered proprietor,
who shall, within 1 month from the date of the Registrar's letter sending such
duplicates, send to the Registrar a counter-statement setting out fully the grounds
on which the opposition is contested. The counter-statement shall be accompanied
by a duplicate, which the Registrar shall forthwith send to the opponent.
(3) The Registrar may then require or admit evidence directed to the questions
in issue, and if so desired by either party he shall, before deciding the matter, give
the parties an opportunity of being heard thereon.
77. Conversion of specification
(1) When a proposal for the conversion of a specification in accordance with
rule 75 has been advertised and has not been opposed, and the time for notice of
opposition has expired, or having been opposed the opposition has been determined
and a conversion allowed, the Registrar shall make all the entries in the register
necessary to give effect to the conversion in accordance with the proposal as
advertised, or the proposal as amended after opposition or appeal thereon, and shall
enter in the register the date when such entries were made.
(2) For the purpose of determining the next renewal of a registration the
specification of which has been so converted the expression 'the expiration of the
last registration' shall have regard to the same date as it had, in accordance with
section 45, with regard to the registration before conversion.
DEFENSIVE TRADE MARKS (SECTIONS 55 To 57)
78. Application under section 55
An application for the registration of a defensive trade mark under section 55
shall be made to the Registrar on Form TM-No. 44, and shall be accompanied by a
statement of case setting forth full particulars of the facts on which the applicant
relies in support of his application, verified by a statutory declaration made by the
applicant or some other person approved for the purpose by the Registrar. The
applicant may send with this declaration, or subsequently, such other evidence as he
may desire to furnish, whether after request made by the Registrar or otherwise, and
the Registrar shall consider the whole of the evidence before deciding on the
application. In all other respects, and where they are appropriate and it is not
otherwise stated, these rules shall apply to such applications as they apply to
applications for the registration of ordinary trade marks.
(L.N. 256 of 1987)
REGISTERED USERS (SECTIONS 50(2) AND 58 To 63)
79. Application for entry of registered user
An application to the Registrar for the registration under section 58 of a person
as a registered user of a registered trade mark shall be made by that person and the
registered proprietor on Form TM-No. 45.
(L.N. 256 of 1987)
80. Entry and notification
The entry of a registered user in the register shall state the date on which the
application for such entry was made, which date shall be deemed to be the date of
registration as a registered user of the person mentioned in the entry. The entry shall
state the trade or business address of the registered user, and, if an application by
him on Form TM-No. 38 for the inclusion of an address for service which is different
therefrom has been approved, that address also. Notification in writing of the
registration of a registered user shall be sent to the registered proprietor of the trade
mark and to the said registered user and shall be inserted in the Gazette. The cost of
the notification in the Gazette shall be paid by the applicants.
(L.N. 28 of 1964)
81. Application of registered proprietor to vary entry
An application by the registered proprietor of a trade mark for the variation of
the registration of a registered user of that trade mark under section 60(1)(a) shall be
made on Form TM-No. 46, and shall be accompanied by a statement of the grounds
on which it is made, and, where the registered user in question consents, by the
written consent of that registered user.
(L.N. 256 of 1987)
82. Application by registered proprietor
or user to cancel entry
An application by the registered proprietor or any registered user of a trade
mark for the cancellation of the registration of a registered user of that trade mark
under section 60(1)(b) shall be made on Form TM-No. 47, and shall be accompanied
by a statement of the grounds on which it is made.
(L.N. 256 of 1987)
83. Application under section 60(1)(c) to cancel entry
An application by any person for the cancellation of the registration of a
registered user under section 60(1)(c) shall be made on Form TM-No. 48, and shall
be accompanied by a statement of the grounds on which it is made.
(L.N. 256 of 1987)
84. Notification and intervention
The Registrar shall notify in writing applications under rules 81, 82 and 83 to the
registered proprietor and each registered user (not being the applicant) whose
registration is the subject of any such application, and shall give notice thereof by
advertisement in the Gazette. Any person who intends to intervene in the
proceedings shall within 2 months of the publication of such advertisement give
notice to the Registrar on Form TM-No. 49 to that effect and shall send therewith a
statement of the grounds of his intervention. The Registrar shall thereupon send
copies of such notice and statement to the other parties, so that the intervention
may be known to the applicant, the registered proprietor, the registered user whose
registration is in suit, and any other registered user who intervenes. Any such party
may, within such time or times as the Registrar may appoint, leave evidence in
support of his case, and the Registrar after giving the parties an opportunity of
being heard may accept or refuse the application or accept it subject to any
conditions, amendments, modifications or limitations he may think right to impose.
(L.N. 28 of 1964; L.N. 256 of 1987)
85. Application of registered user under section 50(2)
(1) Applications under section 50(2) shall he made on Form TM-No. 32, or TM-
No. 33, or TM-No. 34, or TM-No. 38, as may be appropriate, by a registered user of a
trade mark, or by such person as may satisfy the Registrar that he is entitled to act in
the name of a registered user; and the Registrar may require such evidence by
statutory declaration or otherwise as he may think fit as to the circumstances in
which the application is made. (L.N. 256 of 1987)
(2) In case of the registration of a registered user for a period, in accordance
with section 58(3)(d), the Registrar shall cancel the entry of the registered user at the
end of that period. Where some or all of the goods are struck out from those in
respect of which a trade mark is registered, the Registrar shall at the same time strike
them out from those specifications of registered users of the trade mark in which
they are comprised. The Registrar shall notify every cancellation or striking out
under this paragraph to the registered users whose permitted use is affected thereby
and the registered proprietor of the trade mark.
DISCRETIONARY POWER (SECTION 74)
86. Hearing
Before exercising adversely to any person any discretionary power given to the
Registrar by the Ordinance, or these rules, the Registrar shall, if so required, hear him
on the subject.
87. Application for hearing
An application for a hearing shall be made within 1 month from the date of the
notification by the Registrar of any objection to an application or the date of any
other indication that he proposes to exercise a discretionary power.
88. Notice of hearing
Upon receiving such an application the Registrar shall send by post to the
person applying 10 days' notice of a time when he may be heard. Within 5 days from
the date when such notice would be delivered in the ordinary course of post the
person applying shall notify the Registrar whether or not he intends to be heard on
the subject.
89. Notification of decision
The decision of the Registrar in the exercise of any such discretionary power as
aforesaid shall be notified to the person affected.
POWER To DISPENSE WITH EVIDENCE, ETC.
(L.N. 28 of 1964)
90. Dispensing with evidence, etc.
Where under these rules any person is required to do any act or thing, or to
sign any 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, and it is shown to the satisfaction of the Registrar that from any
reasonable cause such person is unable to do any such act or thing, or to sign such
document, or to make such declaration, or that such document or evidence cannot
be produced or left as aforesaid, it shall be lawful for the Registrar, upon the
production of such other evidence, and subject to such terms as he may think fit, to
dispense with any such act or thing, signature, declaration, document or evidence.
EXTENSION OF TIME
91. Extension of time
If in any particular case the Registrar is satisfied that the circumstances are
such as to justify an extension of the time for doing any act or taking any
proceeding under these rules, not being a time expressly provided in the Ordinance
or prescribed by rule 45(2) or 49(2), he may extend the time for so
doing upon such terms as he may direct, and shall give notice thereof to other
interested parties. The extension may be granted though the time has expired for
doing the act or taking the proceeding.
92. Excluded days
Whenever the last day fixed by the Ordinance, or by these rules, for doing any
act or thing at the Registry shall fall on a day when the Registry is closed for the
transaction of business or on a Saturday, such day shall be an excluded day for the
purposes of the Ordinance and these rules, and it shall be lawful to do the act or
thing on the first day following such excluded day which is not an excluded day.
POWER To TAX COSTS
92A. Power to tax costs
The Registrar shall have power to tax any costs awarded by him under the
Ordinance.
(L.N. 256 of 1987)
FEES
93. Fees
(1) The fees to be paid in relation to trade marks shall be those specified in
Schedule 1 and in any case where a form listed in that Schedule in relation to any
matter is required to be used that form shall be accompanied by the fee specified in
respect of that matter.
(2) Fees shall be paid by such means, and in such manner, as the Registrar
directs.
(L.N. 256 of 1987)
FORMS
94. Forms
The forms mentioned in these rules are those contained in Schedule 2, modified
as necessary to enable them to be used accompanied by the appropriate fee (if any),
and such forms shall be used in all cases in which they are applicable and may be
modified as directed by the Registrar to meet other cases.
(L.N. 256 of 1987)
A 32 CAP. 431 Trade Marks Rules [1989
Ed.
[Subsidiary]
DOCUMENTS
95. Size, etc. of documents
Subject to any other directions that may be given by the Registrar, all
applications, notices, statements, representations, or other documents required by
the Ordinance or by these rules to be left with or sent to the Registrar shall be upon
strong paper of a size of approximately 210 x 297 mm, and, except in the case of
statutory declarations and affidavits, on one side only, and shall have on the left-
hand part thereof a margin of not less than 40 mm.
(L.N. 397 of 1984)
96.Signature of documents by partnerships,
companies and associations
A document purporting to be signed for or on behalf of a partnership shall
contain the names of all the partners in full and shall be signed by all the partners or
by any qualified partner stating that he signs on behalf of the partnership, or, except
in the case of a statutory declaration, by any other person who satisfies the
Registrar that he is authorized to sign the document. A document purporting to be
signed for or on behalf of a body corporate shall be signed by a director or by the
secretary or other principal officer of the body corporate, or, except in the case of a
statutory declaration, by any other person who satisfies the Registrar that he is
authorized to sign the document. A document purporting to be signed for or on
behalf of an association of persons may be signed by any person who appears to
the Registrar to be duly qualified.
(L.N. 28 of 1964; L.N. 199 of 1977, L.N. 256 of 1987)
97. Service of documents
All applications, notices, statements, representations, or other documents
authorized or required by the Ordinance or these rules to be made or sent to, or left
with the Registrar, or any other person may be sent through the post by a prepaid
letter.
98. Amendment of documents
Any document or drawing or other representation of a trade mark may be
amended, and any irregularity in procedure which in the opinion of the Registrar
may be excused without detriment to the interests of any person may be corrected, if
the Registrar thinks fit, and on such terms as he may direct.
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)
(M) 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.
101. Alteration of address in register
(1) A registered proprietor or registered user of a trade mark whose trade or
business address is changed so that the entry in the register is rendered incorrect
shall forthwith request the Registrar on Form TM-No. 32 to make the appropriate
alteration of the address in the register, and the Registrar shall alter the register
accordingly if he is satisfied in the matter. (L.N. 256 of 1987)
(2) A registered proprietor or registered user of a trade mark whose address for
service in Hong Kong entered in the register is changed, whether by discontinuance
of the entered address or otherwise, so that the entry in the register is rendered
incorrect, shall forthwith request the Registrar on Form TM-No. 38 to make the
appropriate alteration of the address in the register, and the Registrar shall alter the
register accordingly if he is satisfied in the matter. (L.N. 256 of 1987)
(3) A registered proprietor or registered user of a trade mark whose registered
trade or business address or address for service is altered by a public authority, so
that the changed address designates the same premises as before, may make the
aforesaid request to the Registrar on Form TM-No. 32 or TM-No. 38, as the case may
be, without payment of fee and if he does so he shall leave therewith a certificate of
the alteration given by the authority. If the Registrar is satisfied as to the facts of the
case, he shall alter the register accordingly.
(4) In case of the alteration of the address of a person entered in the register as
the address for service of more than one registered proprietor or registered user of
trade marks, the Registrar may, on proof that the said address is the address of the
applicant and if satisfied that it is just to do so, accept an application from the
person on Form TM-No. 38 amended so as to suit the case for the appropriate
alteration of the entries of his address as the address for service in the several
registrations, particulars of which shall be given in the Form, and may alter the
entries accordingly. (L.N. 256 of 1987)
(5) All applications under this rule on Form TM-No. 38 shall be signed by the
registered proprietor or the 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.
AGENTS
102. Agency
(1) Except as otherwise required by these rules, any application, request or
notice which is required or permitted by the Ordinance or these rules to be made or
given to the Registrar, and all other communications between an applicant or a
person making such a request or giving such a notice and the
Registrar, and between the registered proprietor or the registered user of a trade mark
and the Registrar or any other person, may be signed, made or given by or through
an agent.
(2) Any such applicant, person making request or giving notice, proprietor or
registered user may appoint an agent to act for him in any proceeding or matter
before or affecting the Registrar under the Ordinance and these rules. In case of
such appointment, service upon the agent of any document relating to the
proceeding or matter shall be deemed to be service upon the person so appointing
him, all communications directed to be made to such person in respect of the
proceeding or matter may be addressed to such agent, and all attendances upon the
Registrar relating thereto may be made by or through such agent. In any particular
case the Registrar may require the personal signature or presence of an applicant,
opponent, proprietor, registered user or other person. (L.N. 256 of 1987)
(2A) The Registrar may by notice in writing require an agent to produce in
accordance therewith written evidence of his authority to act. Where, in the course
of proceedings before the Registrar, an agent is appointed for the first time or one
agent is appointed in substitution for another, the person making the appointment
shall, before the agent first acts in those proceedings, sign and send to the Registrar
Form TM-No. 50. (L.N. 256 of 1987)
(3) The Registrar shall not be bound to recognize as such agent any person who
has been convicted criminally or struck off the roll kept under and in accordance with
the provisions of the Legal Practitioners Ordinance (Cap. 159) and of any regulations
made thereunder or (during the term of his suspension) any person who has been
suspended from acting as an attorney, solicitor, or proctor.
CERTIFICATES
103. Certificates by Registrar
The Registrar may give a certificate, other than a certificate under section 17(3),
as to any entry, matter or thing which he is authorized or required by the Ordinance
or these rules to make or do, upon receipt of a request therefor on Form TM-No. 51
from any person who, if the Registrar' thinks fit so to require, can show an interest in
the entry, matter or thing to his satisfaction. The Registrar shall include in the
certificate a copy of any mark if he is furnished by the applicant with a copy thereof
suitable for the purpose. 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.
(L.N. 256 of 1987)
104. Certificate of mark registered
without limitation of colour
Where a mark is registered without limitation of colour the Registrar may 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;
but in the last-mentioned case the certificate shall be marked 'FOR USE IN
OBTAINING REGISTRATION ABROAD ONLY'.
105. Certificate for use in obtaining registration abroad
Where c a certificate of registration of a trade mark is desired for use in
obtaining registration abroad, the Registrar shall include in the certificate a copy of
the mark and may require the applicant for the certificate to furnish him with a copy
of the mark suitable for the purpose and, if the applicant fails to do so, may refuse to
issue the certificate. The Registrar may state in the certificate such particulars
concerning the registration of the mark as to him may seem fit, and may omit
therefrom reference to any disclaimers appearing in the register; but in the last-
mentioned case the certificate shall be marked 'FOR USE IN OBTAINING
REGISTRATION ABROAD ONLY'.
DECLARATIONS
whom, declaration is to be taken
(1) The statutory 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; (L.N. 256
of 1987)
(b)in any other part of Her Majesty's dominions-before 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 Her Majesty's dominions-before a British Minister or
person exercising the function of a British Minister, or a British
consul, vice-consul or other person exercising the functions of a
British consul, or a notary public, or a judge or magistrate.
(2) A person signing the declaration by virtue of the provisions of rule 96 shall
state thereon the capacity in which he makes the declaration.
107. Seal or signature of officer taking
declaration to prove itself
Any document purporting to have affixed, impressed or subscribed thereto or
thereon the seal or signature of any person authorized by rule 106 to take a
declaration in testimony that the declaration was made and subscribed before him,
may be admitted by the Registrar without proof of the genuineness of the seal or
signature or of the official character of the person or his authority to take the
declaration.
SEARCH
resembling submitted mark is on record
(1) Any person may request the Registrar, on Form TM-No. 2, to cause a search
to be made in respect of specified goods classified in any one class of Schedule 4 to
ascertain whether any trade mark is on record at the date of the search which
resembles a trade mark of which duplicate representations accompany the Form. The
Registrar shall cause such a search to be made and the person making the request to
be informed of the result thereof. (L.N. 256 of 1987)
(2) Any person may, on presentation of Form TM-No. 52-
(a) inspect or make a search in any one class of the register; or
(b)inspect a notice of opposition, counter-statement or decision in
connection with any opposition or application for rectification of the
register relating to any particular trade mark. (L.N. 28 of 1964; L.N. 256
of 1987)
APPLICATIONS AND APPEALS TO THE
COURT
defendant in action for infringement
(1) When any person intends to apply to the Court such application shall be
made to the Court by notice of motion.
(2) When any person intends to appeal to the Court such appeal shall be made
by notice of motion within 3 months from the date of the decision appealed against.
(3) When the Registrar decides to refer an application to the Court, the
applicant shall apply to the Court within 3 months from the date of the decision so to
refer, and unless he so applies he shall be deemed to have abandoned the
application.
(4) Where under subsection (6) of section 13 or subsection (8) of section 15 an
applicant becomes entitled and intends to withdraw his application, he shall give
notice of the intention in writing to the Registrar and to the other parties, if any, to
the appeal within 3 months after the leave referred to in those subsections has been
obtained.
(5) A defendant in an action for infringement may, in regard to any registered
trade mark in issue, counterclaim for the rectification of the register and shall within
the time limited for the delivery of the counterclaim serve the Registrar with the
same, and the Registrar shall be entitled to take such part in the action as he may
think fit without delivering a defence or other pleading.
(6) The times specified in subrules (2) and (3) may be extended by the Court or
Registrar upon the application of any party interested and notwithstanding that the
time so specified has expired.
(7) The Court appealed to may, on the application of either party or of its own
motion, remove any application or appeal from Court to Chambers 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.
110. Application to be served on the Registrar
Every application to the Court under the Ordinance whether by way of appeal
or otherwise shall be served on the Registrar.
ORDERS OF THE
COURT
111. Copy of Order of Court to be left at the Registry
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 with the Registrar an
office copy of such order, together with Form TM-No. 53 if required. The register
may, if necessary, thereupon be rectified or altered by the Registrar.
(L.N. 256 of 1987)
112. Publication of order of Court
Whenever an order is made by the Court under the Ordinance the Registrar
may, if he thinks that the order should be made public, cause it to be published in
the Gazette by and at the expense of the person in whose favour the order has been
made, or such one of them, if more than one, as the Registrar may direct.
DAYS AND HOURS OF
BUSINESS
113. Days and hours
The Registry shall be open to the public and the register shall be open to
inspection, on application made on Form TM-No. 52, every week-day, except
Saturday, between the hours of 9.30 a.m. and 4 p.m., and on Saturdays between the
hours of 9.30 a.m. and 12 noon.
(L.N. 256 of 1987)
SCHEDULE 1 [rule
Form No.
Fee No. Matter or Proceeding Amount (Schedule 2)
1 On request for the Registrar's preliminary advice
under section 73 and rule 8, for each trade
mark submitted in respect of one class 100 TM-No. 1.
2. For a search under rule 108(1) in respect of one
class-
(i) Without application for the Registrar's
advice under rule 8 ............150 TM-No. 2.
(ii) With application for the Registrar's advice
under rule 8 .................220 TM-No. 2.
3. On application not otherwise charged to register
a trade mark (section 13(1), and rule 9(1)) or a
series of trade marks ~ion 26(1) and rule 14)
for a specification of goods included in one
class ........................450 TM-No. 3.
4. On a request to the Registrar to state grounds of decision
relating to an application to register a trade
mark, and materials used (section 13(4)
and rule 20) ...................................................... 1,000 TM-No. 5.
5. On notice of opposition before the Registrar
under ~ion 15 and rule 23, for each
application opposed, by opponent 3.50 TM-No. 6.
6. On lodging a counter-statement in answer to a
notice of opposition under section 15 and rule
24, for each application opposed, by the
applicant; or in answer to an application under
any of the sections 37, 48, 49 and 57, by the
proprietor in respect of each trade mark; or in
answer to a notice of opposition under section
51 or 54, for each application or conversion
opposed, by the proprietor ...220 TM-No. 7.
Fee No. Matter or Proceeding Amount Form No.
(Schedule 2)
7. On the hearing of each opposition under section
15 and rule 30, by applicant and by opponent
respectively; or on the hearing of an applica-
tion under any of the sections 37, 48, 49 and
57, by applicant and by proprietor respectively;
or on the hearing of an opposition under
section51 or 54, by proprietor and by
opponent respectively ...1,000TM-No.
8.
8. For one registration of a trade mark not
otherwise charged for a specification of goods
included in one class ...750TM-No.
9.
8a. For one registration of a series of trade marks
under section 26(1) and rule 14, for a
specification of goods included in one class-
(i) For the first mark .750TM-No.
9.
(ii) And for every other mark of the series so
8b.For registration under sections 65 and 66 of a
certification trade mark for a specification of
goods included in one class 750 TM-No.
9.
8c. For registration upon applications made at the
same time of one certification trade mark,
under sections 65 and 66, for specifications of
goods not all included in one class-
In respect of each class 750 TM-No.
9.
Total fee in no case to exceed $15,000 for
any number of classes.
8d.For one registration under section 55 and rule 78,
of a defensive trade mark for a specification of
goods included in one class 750 TM-No.
9.
8e.Upon each addition to the registered entry of
a trade mark of a note that the mark is
associated with a newly registered mark
(sections 24 to 26 and rule 39) 50 TM-No.
9.
9. On an application, under section 24(2) and rule
39(2), to dissolve the association between
registered trade marks ..350TM-No.
12.
10. On application, under section 43 and rule 40 or
41, to register a subsequent proprietor in a case
of assignment or transmission of a single trade
mark ....................400TM-No. 13 or 14.
10a. On application, under section 43 and rule 40 or
41, to register a subsequent proprietor of more
than one trade mark standing in the same
name, the devolution of title being the same in
each case-
(i) For the first mark .400TM-No. 13 or 14.
(ii) And for every other mark 50
Matter or Proceeding Amount(Schedule 2)
Fee No. Form No.
11. On application, under section 18(3) and rule
45(2), for extension of time for registering a
corporation as subsequent proprietor of trade
marks on one assignment .300 TM-No. 16.
12. On application for certificate of the Registrar,
under section 41(5) and rule 48-
(i) For the first mark proposed to be assigned 400 TM-No. 17.
(ii) And for every other mark of the same
proprietor included in that assignment 20
13. On application, under section 41(6) and rule
49(1), for directions by the Registrar for
advertisement of assignment of trade marks in
use, without goodwill-
(i) For one mark assigned 220 TM-No. 18.
(ii) And for every other mark assigned with
the same devolution of title 20
14. On application, under section 41(6) and rule
49(2), for extension of time for applying for
directions for advertisement of assignment of
trade marks in use, without goodwill, in respect
of one devolution of title 300 TM-No. 19.
15. On application, under section 64 and rule 50,
to register a certification trade mark for a
specification of goods included in one class 700 TM-No. 20.
15a. On application made at the same time under
section 64 and rule 50 to register one
certification trade mark for specifications of
goods not all included in one class-
In respect of each class 700 TM-No. 20.
Total fee in no case to exceed $14,000 for
any number of classes.
16. On notice of opposition under section 66(2) and
rule 54(2), for each application opposed, by the
opponent ...............350 TM-No. 22.
17. On lodging a counter-statement in answer to a
notice of opposition under section 66(2) and
rule 54(2), for each application opposed, by the
applicant ..............220 TM-No. 23.
18. On the hearing of each opposition before the
Registrar under section 66(2) and rule 54(2), by
applicant and by opponent respectively 1,000 TM-No. 24.
19.On request, under section 68(1) and rule 55, by
the registered proprietor of a certification trade
mark to permit alteration of the deposited
regulations thereof-
(i) For the regulations of one such registration 220 TM-No. 25.
(ii) For the same or substantially the same
regulations of each other registration
proposed to be altered in the same way
and included in the same request 50
Fee No. Matter or Proceeding Amount Form No.
(Schedule 2)
20. On application, under section 68(2) and rule 56,
to expunge or vary the registration of a certi-
fication trade mark or to vary the deposited
regulations of a certification trade mark or of
certification trade marks of the same registered
proprietor where the regulations are sub-
stantially the same .......450 TM-No.
26.
21. For renewal, under section 45 and rule 57, of
registration of a trade mark at expiration of
last registration .........2,000 TM-No.
27.
21a. For renewal, under section 45 and rule 57, of
registration of a series of trade marks ~ion
26(1)) at expiration of last registration-
(i) For the first mark of the series 2,000 TM-No.
27.
(ii) And for every other mark of the series 50
21 b. For renewal, under section 45 and rule 57, of
registrations of the same certification trade
mark with the same date for goods in more
than one class-
In respect of each class 2,000 TM-No. 27.
Total fee in no case to exceed $40,000 for
any number of classes.
22. Additional fee under rule 59 220TM-No. 28.
23. Restoration fee under rule 60 700 TM-No. 29.
24.On application, under section 37, 48, 49 or 57 and
rule 63, for rectification of the register or
removal of trade mark from the register 1,000 TM-No. 30.
25.On application, under rule 65, for leave to
intervene in proceedings under section 37, 48,
49 or 57 for rectification of the register or
removal of trade mark from the register 350 TM-No. 3 1.
26. For altering, under section 50 and rule 66, one or
more entries of the trade or business address of
a registered proprietor or a registered user of a
trade mark where the address in each case is
the same and is altered in the same way (unless
exempted from fee under rule 10 1 (3))-
(i) For the first entry 100 TM-No. 32.
(ii) And for every other entry 20
27.On request, not otherwise charged, for correction
of clerical error or for permission to amend
application .............. 100TM-No. 33.
2 8. On application, under section 50 and rule 66, to
change the name or description of a proprietor
or a registered user of a single trade mark
where there has been no change in the
proprietorship or in the identity of the user 100 TM-No. 34.
Fee No. Matter or Proceeding Amount Form No.
(Schedule 2)
28a. On application, under section 50 and rule 66, to
change the name or description of a proprietor
or a registered user of more than one trade
mark standing in the same name, where there
has been no change in the proprietor or in the
identity of the user, the change being the same
in each case-
(i) For the first mark 100 TM-No.
34.
(ii) And for every other mark 20
29.For cancelling, under section 50(1)(c) or (d) and
rule 66, the entry or part of the entry of a trade
mark upon the register on the application of
the registered proprietor of the trade mark 100 TM-No. 35 or 36
30.On request, under section 50(1)(e) and rule 66, by
registered proprietor of a trade mark for entry
of disclaimer or memorandum in the register 100 TM-No.
37.
31. For cancelling or making one or more entries of
an address for service of a registered proprietor
or a registered user of a trade mark where the
address in each case is the same, on application
made after the registration in each case-
(i) For the first entry 100 TM-No.
38.
(ii) And for every other entry included in the
application
................................................ 20
31a. For altering one or more entries of an address
for service in the register included in one
application for alteration, where the address
and the alteration in each case are the same-
(i) For the first entry 100 TM-No. 38.
(ii) And for every other entry 20
Total fee in no case to exceed $8,000 for
any number of entries.
32. On request to enter in the register and advertise a
certificate of validity, under section 75 and rule
69-
(i) For the first registration certified 150 TM-No. 39.
(ii) And for every other registration certified
in the same certificate 30
33.On an application to the Registrar, under section
51 and rule 70, for leave to add to or alter a
single registered trade mark 400 TM-No. 40.
33a. On an application to the Registrar, under section
51 and rule 70, for leave to add to or alter more
than one registered trade mark of the same
proprietor, being identical marks, the addition
or alteration to be made, in each case, being the
same-
(i) For the first mark 400 TM-No. 40.
(ii) And for every other mark 220
Fee No. Matter or Proceeding Amount Form No.
(Schedule 2)
34. On notice of opposition, under section 51(2) and
rule 7 1, to application for leave to add to
or alter registered trade marks, for each
application opposed .....350TM-No.
41.
35.On application by registered proprietor, under
section 54 and rule 75, for conversion of
specification ...........100TM-No.
42.
36. On notice of opposition, under section 54(3) and
rule 76(1), to a conversion of the specification
or specifications of a registered trade mark or
registered trade marks-
(i) For one mark ........350TM-No.
43.
(ii) For every other mark of the same
proprietor having the same specification 50
37.On application, under section 55 and rule 78,
to register a defensive trade mark for a
specification of goods included in one class 800 TM-No.
44.
38.On application, under section 58 and rule 79, to
enter a registered user of a registered trade
mark in respect of goods within the
specification thereof ...450TM-No.
45.
38a. On application, under section 58 and rule 79, to
enter the same registered user of more than one
registered trade mark of the same registered
proprietor in respect of goods within the
respective specifications thereof and subject to
the same conditions and restrictions in each
case-
(i) For the first mark ..450TM-No.
45.
(ii) And for every other mark of the
proprietor included in the application and
statement of case .......50
39.On application by the proprietor of a single trade
mark, under section 60(1)(a) and rule 81, to
vary the entry of a registered user thereof 400 TM-No. 46.
39a. On application by the proprietor of more than
one trade mark under section 60(1)(a) and rule
81, to vary the entries of a registered user
thereof-
(i) For the first mark ..400 TM-No. 46.
(ii) And for every other mark of the
proprietor for which the same user is
registered, included in the application 50
40.On application by the proprietor or registered
user of a single trade mark, under section
60(1)(b) and rule 82, for cancellation of the
entry of a registered user thereof 350 TM-No. 47.
40a. On application by the proprietor or registered
user of more than one trade mark, under
section 60(1)(b) and rule 82, for cancellation of
the entries of a registered user thereof-
Form No.
Fee No. Matter or Proceeding Amount (Schedule 2)
(i) For the first mark .350TM-No.
47.
(ii) And for every other mark of the
proprietor for which the same user is
registered, included in the application 30
41. On application under section 60(1)(c) and rule 83,
to cancel the entry of a registered user of a
single trade mark .......350 TM-No. 48.
41a. On application under section 60(1)(c) and rule 83,
to cancel the entries of a registered user of
more than one trade mark-
(i) For the first mark .350 TM-No. 48.
(ii) And for every other mark of the same
proprietor for which the same user is
registered, included in the application 30
42.On notice under section 61 and rule 84 of
intention to intervene in one proceeding for the
variation or cancellation of entries of a
registered user of trade marks 220 TM-No. 49.
43.For certificate of the Registrar (other than
certificate under section 17(3)), under rules 103
to 105, of the registration of a trade mark 150 TM-No. 51.
43a.For certificate of the Registrar (other than
certificate under section 17(3)), under rules 103
to 105, of the registration of a series of trade
marks (section 26) ......220 TM-No. 51.
44. For inspecting, or making a search in any one
class of the register, or inspecting a notice of
opposition, counter-statement or decision in
connection with any opposition or application
for rectification of the register relating to any
particular trade mark, for every half hour or
part thereof ............20TM-No. 52.
45.For every entry in the register of a rectification
thereof or an alteration therein, not otherwise
charged .................200 M-No. 53.
45a.On application to the Registrar for an extension
of time under rule 91 for doing any act or
taking any proceeding ...100
46.For office copy of entry in the register or of
document, for each page or portion of a page 4
47.For certifying office copy, or MS. or photo-
graphic or printed matter 75
48.On the taxation of a bill of costs, for every $100
or fraction of $100 of the amount allowed-
(a) for the first $100,000 6
(b) for the next $150,000 4
(c) for the next $250,000 3
(d) for the remainder ...1
(L.N. 234 of 1989)
SCHEDULE 2 [rule 941
FORMS
(N.B. These forms are obtainable at the Trade Marks Registry)
Fee No.
Form No. Description (Schedule 1)
TM-No. 1Request, under section 73 and rule 8, for Registrar's
preliminary advice on registrability 1
TM-No. 2 Request for search under rule 108(1) 2
TM-No. 3Application for registration of Trade Mark or series of
trade marks (other than Certification or Defensive
Trade Marks) .................3
TM-No. 5Request for statement of Registrar's grounds of decision 4
TM-No. 6Notice of opposition before Registrar to application for
registration of a Trade Mark (other than a Certifica-
tion Trade Mark) .............5
TM-No. 7Counter-statement to opposition before Registrar to
application for registration of Trade Mark (other than
a Certification Trade Mark) ..6
TM-No. 8Notice to Registrar of attendance at bearing in
opposition matter (other than in respect of a
Certification Trade Mark), or in rectification, removal
or certain other proceedings .7
TM-No. 9 Application for entry of trade mark in register and issue
of certificate of registration ........................... 8, 8a, 8b,
8c or 8d
and 8e
TM-No. 10 Certificate of registration of a Trade Mark
TM-No. 11 Notice of non-completion of registration of Trade Mark
(section 17(4) and rule 38)
TM-No. 12Application to Registrar, under section 24(2) and rule
39(2), to dissolve association between registered Trade
Marks ....................9
TM-No. 13Request, under rules 40 and 42 to 45, by registered
proprietor and transferee to register transferee as
subsequent proprietor ....10 or 10a
TM-No. 14 Request, under rules 41 to 45, to be registered as
subsequent proprietor ....10 or 10a
TM-No. 15 Statutory Declaration in support of Statement of Case
accompanying Form TM-No. 13 or TM-No. 14
TM-No. 16Application, under section 18(3) and rule 45(2), for
extension of time to request registration of
corporation-assignee as subsequent proprietor 11
TM-No. 17Application for certificate of Registrar under section
41(5) and rule 48 with reference to proposed
assignment of a registered Trade Mark 12
Form No. Description Fee No.
(Schedule 1)
TM-No. 18Application, under section 41(6) and rule 49(1), for
Registrar's directions for advertisement of assignment
of Trade Mark in use, without goodwill 13
TM-No. 19Application, under section 41(6) and rule 49(2), for
extension of time in which to apply for directions for
advertisement of assignment of Trade Mark in use,
without goodwill ............14
TM-No. 20 Application, under section 64 and rule 50, for the
registration of a Certification Trade Mark 15 or
15a
TM-No. 21 Regulations governing the use of Certification Trade
Mark (section 65(4) and rule 52)
TM-No. 22Notice to Registrar, under section 66(2) and rule 54(2) of
opposition to an application for registration of a
Certification Trade Mark ....16
TM-No. 23Counter-statement in reply to notice of opposition,
under section 66(2) and rule 54(2), to an application
for registration of a Certification Trade Mark 17
TM-No. 24Notice to Registrar, under section 66(2) and rule 54(2) of
attendance at hearing in opposition concerning a
Certification Trade Mark ....18
TM-No. 25Request, under section 68(1) and rule 55, for consent of
Registrar to alteration of Certification Trade Mark
regulations .................19
TM-No. 26Application to Registrar, under section 68(2) and rule
56, for expunging or varying an entry in register
relating to a Certification Trade Mark or varying the
deposited regulations .......20
TM-No. 27 Application, under section 45 and rule 57, for renewal of
registration of a Trade Mark 21, 21a or 21b
TM-No. 28Forwarding additional fee, under rule 59, to accompany
renewal fee (Form TM-No. 27) within one month
after advertisement of non-payment of renewal fee 22
TM-No. 29Forwarding additional fee, under rule 60, to accompany
renewal fee (Form TM-No. 27) for restoration to
register of Trade Mark removed for non-payment of
fee .........................23
TM-No. 30 Application, under rule 63, for rectification of register or
removal of Trade Mark from register ....................... 24
TM-No. 31Application, under rule 65, for leave to intervene in
proceedings for rectification of register or removal of
Trade Mark from register ....25
TM-No. 32 Application, under section 50 and rule 66, for alteration
of trade or business address in register 26 or
nil
TM-No. 33 Request for correction of clerical error in register or
amendment of application ....27
TM-No. 34Request, under section 50 and rule 66, to enter change of
name or description of registered proprietor, or
registered user, of Trade Mark on register 28 or
28a
Form No. Description Fee No.
(Schedule 1)
TM-No. 35Application by registered proprietor, under section
50(1)(c) and rule 66, for cancellation of entry of Trade
Mark in register .............29
TM-No. 36Request by registered proprietor, under section 50(1)(d)
and rule 66, to strike out goods from those for which
Trade Mark is registered .....29
TM-No. 37Request by registered proprietor, under section 50(1)(e)
and rule 66, to enter a disclaimer or memorandum in
register .....................30
TM-No. 38Request, under rule 100(2) or 101(2), for entry,
alteration or cancellation in the register of address for
service ......................31 or 31a or nil
TM-No. 39 Request, under section 75 and rule 69, for entry on
register and advertisement of certificate of validity 32
TM-No. 40 Application, under section 51 and rule 70, for addition
to or alteration of registered Trade Mark 33 or
33a
TM-No. 41Notice of opposition, under section 51(2) and rule 71, to
application to add to or alter a registered Trade Mark 34
TM-No. 42Application, under section 54 and rule 75, for conversion
of specification from Schedule 3 to Schedule 4 35
TM-No. 43Notice of opposition, under section 54(3) and rule 76(1),
to proposal for conversion of specification from
Schedule 3 to Schedule 4 .....36
TM-No. 44 Application, under section 55 and rule 78, for
registration of a defensive trade mark 37
TM-No. 45 Application, under section 58 and rule 79, for
registration of a registered user 38 or
38a
TM-No. 46Application by a registered proprietor, under section
60(1)(a) and rule 81, for variation of the entry of a
registered user ..............39 or
39a
TM-No. 47Application by registered proprietor or registered user,
under section 60(1)(b) and rule 82, for cancellation of
entry or registered user .....40 or
40a
TM-No. 48 Application, under section 60(1)(c) and rule 83, for
cancellation of entry of registered user 41 or
41a
TM-No. 49Notice, under section 61 and rule 84, of intention to
intervene in proceedings for variation or cancellation
of an entry of a registered user 42
TM-No. 50...........Authorization of agent, under rule 102(2)
TM-No. 51 Request for general certificate of Registrar, under rules
103 to 105 ...................43 or
43a
TM-No. 52 Application for permission to inspect or make a search
in the register (rule 108(2)) ....................... 44
TM-No. 53 Notice of order of court for alteration or rectification of
register (rule..............111)
45
FROM TM-No. 1.
Fee No. 1, Schedule 1, Trade Marks Rules.
TRADE MARKS ORDINANCE
(Chapter 43)
Request for Registrar's preliminary advice as to distinctiveness or
capability of distinguishing, by a person proposing to
apply for the registration of a Trade Mark
(section 73 and rule 8)
I/We, (a)
..........................................................................................................
....................................
vice me/us whether the Trade Mark shown on
the accompanying foolscap sheet appears to him prima facie to be inherently
adapted to distinguish or inherently capable of distinguishing my/our goods so as
to comply with the requirements section 9 or section 10, respectively, of the
Ordinance for registrability in Part A or Part B of the register.
The goods in respect of which Ilwe propose to apply for registration of the
said
Trade Mark are (b)
...........
.......... 1
........... in class (e)
Dated this .day of 19
(d) ..........................................................
To the Registrar of Trade
Marks, Hong Kong.
Note:If an application is made to register the trade mark, objection may arise if identical or resembling
trade marks are found on the register. A prior notification of any such relevant marks (if any are to be
found) can be obtained by a request to the Registrar made on Form TM-No. 2.
FORM TM-No. 2.
Fee No. 2, Schedule 1, Trade Marks Rules.
Fee not applicable must be deleted before payment.
TRADE MARKS ORDINANCE
(Chapter 43)
I-Request for Search under rule 108(1)
The Registrar is hereby requested under rule 108(1) to search in class*
................... in respect of (a)
'!e
Trade
Marks are
on
..........
.
e whether
any
Mark sent herewith mounted on a foolscap sheet.
Dated this .....................day of .................................... 119
(b) ..........................................................
(C)..........................................................
II-Request for Registrar's preliminary advice as to distinctiveness
or capability of distinguishing, by a person proposing
to apply for the registration of a Trade Mark
(section 73 and rule 8)
I/We, (a) .......
....................................
....................................
hereby request the Registrar to advice me/us whether the Trade Mark referred to
above appears to him prima facie to be inherently adapted to distinguish or
inherently capable of distinguishing my/our goods above mentioned so as to
comply with the requirements of section 9 or section 10, respectively, of the
Ordinance for registrability in Part A or Part B of the register.
Dated this ......day of 19
.................(b)
To the Registrar of Trade
Marks, Hong Kong.
Note:Request I must be completed. Please refer to Fee No. 2(i) if Request His not completed, or Fee No. 2(ii) if
both Requests are completed.
TRADE MARKS ORDINANCE
(Chapter 43)
FORM TM-No. 3. FOR OFFICIAL USE
Fee No. 3, Schedule 1, Trade Marks Rules.
Application for Registration of Trade Mark APP. NO.
or series of Trade Marks in Part A or B of the
Register (section 13(1) and rule 9(1); section REG. NO.
26(1) and rule 14)
(a) Application is hereby made for registration of the following Mark in
Part of the Register in Class
REPRESENTATION OF MARK
(b) in respect of the following goods
(c) in the name of
(d) whose trade or business address is
COUNTRY STATE
(e) whose trade or business description is
MANUFACTURERS AND MERCHANTS
and who claims to be the proprietor thereof.
The Mark has been used in respect of the goods by-
(i) the applicant;
(ii) the predecessors in title of the applicant;
(iii) the licensees of the applicant; or
(iv) the licensees of the applicant's predecessors in title,
or by any combination of these persons
in since
and in Hong Kong since
(g)The applicant or his licensee (or both) proposes to use the Mark in respect
of the goods.
(h) Details of existing registration
(i) Details of an application under section 1
8(1)(b)
(j) For additional matter if required
(k) Name of agent (if any)
(1) Address for service
Signature ...............................................
Agent for Applicant
Notes
(a)Enter 'W' or 'B' as appropriate. One representation of the Mark must be
entered in the space provided. If the representation is larger than the space,
the representation may be mounted on paper or other suitable material that is
then fixed to the space and may be folded. Fourteen other representations of
the Mark must be sent unattached to the form. All representations should be
of uniform quality and well defined.
(b)Specify the goods. Only goods included in one class should be specified. A
separate application form is required for each class.
(c)Enter the full name of each applicant. Names of individuals must be entered in
full and the family name underlined. The names of all partners in a firm must
be given in full. If the applicant is a body corporate, the corporate name must
be entered together with the kind and country of incorporation. Where
appropriate, the state of incorporation within that country should be entered
in the box provided. Trading styles, e.g. 'trading as XYZ Company',
nationality and former names, e.g. 'formerly ABC Ltd'' are not required and
should not be given.
(d) Enter the full trade or business address of the applicant.
(e)If the printed trade or business description is incorrect it should be amended as
appropriate, e.g. 'importers and exporters'.
Delete if inapplicable. If applicable, enter the name of the country or place
in which the trade mark has been longest used; and enter the year of the first
user in that country or place and in Hong Kong.
(g) This paragraph applies regardless of whether paragraph (f) is applicable.
(h)State the countries in which the Mark is registered- If registered in the United
Kingdom or other Commonwealth country in which the Register is divided
into two parts, give the registration number, not omitting B if the number is
prefixed by that letter.
(i)If the applicant relies on section 1 8(1)(b), Form TM-No. 45 should
accompany the application. If this box is left blank, it will be assumed that the
applicant claims that the Mark is being used, or is proposed to be used, by him
whether or not a Form TM-No. 45 accompanies the application.
(j)Enter additional matters, e.g. a claim to priority, the date of the first
application made in a Convention country and the name of that Convention
country.
(k)If the applicant has appointed an agent to act on his behalf, the agents name
and address should be entered at (k) and (1).
(1)An address for service in Hong Kong to which all documents and notices may
be sent must be entered.
(m) The words 'Agent for Applicant' should be deleted if inapplicable.
(L.N. 256 of 1987)
FORM TM-No. 5. Fee No. 4, Schedule 1, Trade Marks Rules.
TRADE MARKS
ORDINANCE
(Chapter 43)
Request for Statement of Grounds of Decision
(section 13(4) and rule 20)
IN THE MATTER OF (a) ..........................................................................
the Registrar is hereby requested to state in writing the grounds of his decision,
dated the ................day of 19 after the bearing
on the .......day of .. .'' . 19 and the materials
used by him in arriving at the decision.
Dated this ......day of 19
.................(b)
To the Registrar of Trade
Marks, Hong Kong.
Note.If the Registrar has made any requirement to which the applicant does not
object, the applicant shall comply therewith before the Registrar issues the
grounds of his decision (See rule2O(2)).
FORM TM-No. 6.
Fee No. 5, Schedule 1, Trade Marks Rules.
TRADE MARKS
ORDINANCE
(Chapter 43)
Notice of Opposition to Application for Registration
of
a Trade Mark
(section 15 and rule 23)
(To be accompanied by a duplicate)
IN THE MATTER OF an Application No . by
........... Of
I/We, (a)
hereby give notice of my/our intention to oppose the registration of the Trade
Mark advertised under the above number for class
...................................................
in the Gazette of the ..........day of 1
19 .............No . .................page The grounds of opposition
are as follows-
.....................................
.....................................
.....................................
(b)
.................................................................................................
............................
My/Our address for service in Hong Kong in these proceedings is:
.....................................
.....................................
Dated this ......................day of 19
(C)
.................................................
.........
To the Registrar of Trade Marks,
Hong Kong.
FORM TM-No. 7.
Fee No. 6, Schedule 1, Trade Marks Rules.
TRADE MARKS
ORDINANCE
(Chapter 43)
Form of Counter-Statement
(To be accompanied by a duplicate)
IN THE MATTER OF an Opposition by
......................................................
to Application No . for registration of a trade mark.
I/We .
................................................................................................................. the
applicant/s for registration of the above Trade Mark, hereby give notice that the
following are the grounds on which I/we rely as supporting my/our application
.
.
.......... 1
I/We admit the following allegations in the notice of opposition:
....................
.............1
...................................................................................
....................
My/Our address for service in Hong Kong in these proceedings is:
....................
....................
Dated this ......................day of 19
(a)
.................................................
.........
To the Registrar of Trade Marks,
Hong Kong.
FORM TM-No. 8.
Fee No. 7, Schedule 1, Trade Marks Rules.
TRADE MARKS ORDINANCE
(Chapter 43)
Notice to the Registrar of Attendance at Hearing
I/We, (a)
.........................................................................................
...................
...................hereby give notice that
the hearing of the arguments in the case of*
(b) (1)Opposition to Application No .
........................................................... for registration of a Trade
Mark,
(2) Application that the entry in the register in respect of Trade Mark
.No . ...........may be removed,
(3) ............. may be amended by alteration of
.................or addition to the Trade Mark,
(4) ............. may be amended by a conversion
.................of the specification of goods,
(5) ............. may be amended otherwise than by
any change in the mark or of the
specification on conversion,
which, by the Registrar's Notice to me/us dated the day
of .............19 .is fixed for a.m. or p.m. at
the
Trade Marks Registry on the ......day of 19
will be attended by melus or by some person on my/our behalf.
Dated this ......day of 19
.................(e) -11,11,11
.................(d)
To the Registrar of Trade Marks,
Hong Kong.
FORM TM-No. 9.
Fee No. 8, 8a, 8b, 8c or 8d, and 8e, Schedule 1, Trade Marks
Rules.
Nos. of Fees not applicable must be deleted before payment.
TRADE MARKS
ORDINANCE
(Chapter 43)
Application for Entry of Trade Mark in the
Register
......................................and issue of Certificate of Registration
Application No . .....................for the registration of
Trade Mark ...........................has been advertised in the Gazette
of the .....................day of 19 and Ilwe now
request that the mark be entered in the register and that a certificate of registration
be issued to me/us.
Dated this .day of 119
...................(a)
To the Registrar of Trade Marks,
Hong Kong.
Note: 1.When the mark to be registered is to be associated with one or more other
marks the amount payable on this Form must include (in addition to Foe
8, 8a, 8b, 8c or 8d) a fee (Fee 8e) in respect of tile note of such association to be
made in the registered entry of each of the other associated marks.
2. for the entry of an address for service of the registered proprietor
way be made on Form
A request 38 if it accompanies this
Form.
a L
FORM TM-No. 10.
TRADE MARKS
ORDINANCE
(Chapter 43)
Certificate of Registration
It is hereby certified that the Trade Mark a specimen of which is hereunto
annexed has been registered in Part
.......................................................................... of the register in
the name of
....................................................................................
....................................
. ...... ...
in class ..under No . as of the date of ..........
19 in respect of
.
.Sealed at my direction this .....day
of ...............19
Registrar General,
Registrar of Trade Marks.
Trade Marks Registry,
Registrar General's Department,
Hong Kong.
Note: 1.Registration is fora period of 7 years from the date first above-mentioned. At the end of
that period it may be renewed for 14 years, after which it may be renewed successively for
further periods of 14 years.
2. This certificate is not for use in legal proceedings or for obtaining registration
abroad.
3,U in any change of ownership of this trade mark, or change in address, application
should AT Upon be made to the Registrar or register the change.
FORM TM-No. 11.
TRADE MARKS ORDINANCE
(Chapter 43)
Notice of Non-completion of Registration
No . ..............................
The Registrar, as required by section 17(4) of the Trade Marks Ordinance and rule 38 of
the Trade Marks Rules made thereunder, has to point out that the registration of the Trade
Mark in respect of which your application numbered by
this Registry as above was made on the day of
19 .....................has not been completed by reason of
your
default. Unless it is completed within 14 days from this date the application will be
treated as abandoned.
Dated this ...........day of 19
TO
....................................
.........
.........
Trade Marks Registry,
Registrar General's Department,
Hong Kong.
FORM TM-No. 12.
Fee No. 9, Schedule 1, Trade Marks Rules.
TRADE MARKS ORDINANCE
(Chapter 43)
Application to the Registrar under section 24(2) and rule 39(2)
to dissolve the Association between a registered Trade
Mark and (an) other registered Trade Mark(s)
(To be accompanied by a Statement of Case)
IN THE MATTER OF a Trade Mark No . ....................................................
registered in class
..............................................
I/We . .................................................................................................................
.................................. being
the Registered Proprietor/s of the above-numbered Trade Mark, hereby apply that the
association of this Trade Mark with the following Trade Mark/s registered in
my/our name:
No . .................registered in class
No . .................registered in class
may be dissolved and the register amended accordingly.
The grounds for this application are set forth in the accompanying Statement of Case.
Dated this ...............day of 19
(a)
.................................................
.........
To the Registrar of Trade Marks,
Hong Kong.
FORM TM-No. 13.
Fee No. 10 or 10a, Schedule 1, Trade Marks Rules.
No. of Fee not applicable must be deleted before payment.
TRADE MARKS ORDINANCE
(Chapter 43)
Joint Request to the Registrar by Registered Proprietor and
Transferee to register the Transferee as subsequent Proprietor
of Trade Marks upon the same devolution of title
(rules 40 and 42 to 45)
We, (a)
...........................................................................................
...................
...................................
and (b)
.................................................................................................
.....................
.........................1 1
hereby request, under rule 40, that the name of (c)
...................................................
...................................
carrying on business as (d)
........................................................................................
at (e)
....................................................... may
be entered in the Register of Trade Marks as proprietor of the Trade Mark/s
No . ................*in class as from the
(f) ..........................by virtue
of (g)
.................................................................................................
.......................
.....................................
(h) The Trade Mark at the time of the assignment was (h) (not) used in a business in the
goods in question, and the assignment (took) (h) (did not take) place on or after the
commencement of the Trade Marks Ordinance otherwise than in connection with the goodwill
of a business in the goods, (h) and there is sent herewith a copy of the Registrar's direction to
advertise the assignment, a copy of each of the advertisements complying therewith, and a
statement of the dates of issue of any publications containing them.
Dated this ......day of 19
.................(i)
.................(j)
To the Registrar of Trade Marks,
Hong Kong.
Note: 1. The instrument under which the transferee claims should preferably accompany this
Form
2 A request for the entry of an address for service of the subsequent proprietor may be made
on a copy of Form TM-No. 38 if it accompanies this Form.
FORM TM-No. 14.
Fee No. 10 or 10a, Schedule 1, Trade Marks Rules.
No. of Fee not applicable must be deleted before payment.
TRADE MAP MARKS
ORDINANCE
(Chapter 43)
Request to the Registrar to register a subsequent Proprietor of a
Trade Mark or Trade Marks upon the same devolution of title
(rules 41 to 45)
I/We, (a)
...........................................................................................
.................
.................................
hereby request ... under ... rule 41 that ... m
... my/our name
may be entered in the Register of Trade Marks as proprietor
...................................
of Trade Mark/s No . ...*in class as from
the (b)
I am/We are entitled to the Trade Mark/s by virtue of (e)
....................
.................................
.................................
.................................
(d) The Trade Mark at the time of the assignment was (d) (not) used in a
business in the goods in question, and the assignment (d) (took) (did not take)
place on or after the commencement of the Ordinance otherwise than in
connection with the goodwill of a business in the goods, (d) and there is sent
herewith a copy of the Registrar's direction to advertise the assignment, a copy of
each of the advertisement complying therewith, and a statement of the dates of
issue of any publications containing them.
Dated this ..............day of 19
(e)
...................................
To the Registrar of Trade Marks,
Hong Kong.
Note: 1. The instrument under which the ~e= claims should preferably accompany this Form.
2. A request for the entry of an address for service of the subsequent proprietor may be made on a
copy of Form TM-No. 38 if it accompanies this Form.
IMPRESSED
Form TM-No. 15. $3.00
No Fee. DUTY PAID
STAMP
TRADE MARKS ORDINANCE
(Chapter 43)
Declaration (only to be furnished when requested by Registrar)
in support of Statement of Case accompanying Form TM-No. 13
or TM-No. 14 (rule 43)
. ................of
solemnly and sincerely declare that the particulars set out in the statement of case,
exhibit marked
.......................................................................................................... and left by
me in connection with my request to be registered as subsequent
proprietor of the Trade Mark No . ....in class 1
are true and comprise every material fact and document affecting the present
proprietorship of the Trade Mark.
(a) And 1 make this solemn declaration conscientiously believing the same
to be true and by virtue of the Oaths and Declarations Ordinance.
(b) ..........................................................
Declared at .................................................
this ...day of 19
........Before me (c)
To the Registrar of Trade Marks,
Hong Kong.
FORM TM-No. 16.
Fee No. 11, Schedule 1, Trade Marks Rules.
TRADE M~ ORDINANCE
(Chapter 43)
Application under rule 45(2) for extension of time, in accordance
with
section 18(3), for the registration of the name of a Corporation as
subsequent Proprietor of a Trade Mark in the Register
Application is hereby made by (a)
.....................................................................
.........................
for an extension time by (b) mouths of the period
of 6 months allowed by section 18(3) and rule 45(2) for registering its name, by
force of one assignment, as proprietor of the following Trade Mark/s registered
upon application/s conforming to section 18(1)(a):
(c) Registration Number Class
.........
Dated this ......................day of 19
(d) ...................................................
To the Registrar of Trade Marks,
Hong Kong.
FORM TM-No. 17.
Fee No. 12, Schedule 1, Trade Marks Rules.
TRADE MARKS
ORDINANCE
(Chapter 43)
Application for the Certificate of the Registrar under section
41(5)
and rule 48 with reference to a proposed Assignment of a
Registered Trade Mark
(To be accompanied by a Statement of Case and a copy of
the proposed assignment)
IN THE MATTER OF Trade Mark/s No./s .................................................
registered in the name of
..............................................................................
in class/es ...............................................
Application is hereby made by (a)
.....................................................................
....................... ........1
...
of
..............................................................................................................................
being the registered proprietor/s of the above-mentioned registered Trade Mark/s,
for the Registrar's certificate under section 41(5) with reference to a proposed
assignment of the registered Trade Mark/s No./s .....................................................
.... (b) 1
to
........................................................................................................................
.
of
..............................................................................................................................
.................. 1
in circumstances that are stated fully in the accompanying Statement of Case.
Dated this ...........day of ..................................... 19
(C) ..........................................................
To the Registrar of Trade Marks,
Hong Kong.
FORM TM-No. 18.
Fee No. 13, Schedule 1, Trade Marks Rules.
TRADE MARKS
ORDINANCE
(Chapter 43)
Application to the Registrar under section 41(6) and rule 49(1)
for
Directions for the Advertisement of an Assignment of
Trade Marks otherwise than in connection with the
goodwill of the business
Application is hereby made by (a)
.....................................................................
.........................................
for the Registrar's S with respect to the advertisement of an
assignment to
him/them of the following Trade Marks otherwise than in connection with the
goodwill of the business in which they were used at the time of assignment,
namely:
(1) Registered Trade Marks:
*Registration number. Class. Goods in respect of which the
mark has been used and is
assigned.
all of which are or were registered in the name of (b)
................................................
........... *** -----
----------
who is the assignor;
(2) Unregistered Trade Marks (e), all being marks used in his business at the
time of assignment in respect of the goods stated below, by (b)
.................................
of .........................who is the assignor-
*Representation of mark.Goods in respect of which the mark
has been used and is assigned.
The date of assignment was the ..day of 19
The instrument effecting the assignment is sent herewith, together with a
copy thereof.
It is suggested that advertisement shall be directed as follows, namely, in
.........
...........................
*Additional marks may be given in a signed schedule on the back of the
Form.
Dated this ....day of ............................. 19
(d)
.................................................
.........
To the Registrar of Trade Marks,
Hong Kong.
FORM TM-No. 19.
Fee No. 14, Schedule 1, Trade Marks Rules.
TRADE MARKS
ORDINANCE
(Chapter 43)
Application under section 41(6) and rule 49(2) for Extension
of
Time in which to apply for the Registrar's Directions for the
advertisement of an assignment of Trade Marks otherwise
than in connection with the goodwill of the business
Application is hereby made by (a)
.....................................................................
....................... of
....................... for
c. extension of time of (b) month/s in which to apply for
the Registrar's directions for the advertisement of an assignment to him/ them of
the following Trade Marks otherwise than in connection with the goodwill of the
business in which they were used at the time of assignment, namely:-
(1) Registered Trade M*Registration Number. Class. Goods in respect of which the mark has
been used and is assigned.
all of which are or were registered in the name of (c)
.................................................
.....
of ...who is the assignor;
(2) Unregistered Trade Marks, all being marks used in his business at the time
of assignment and in respect of the goods stated below, by (c)
..................................
..of
is the assignor:
*Representation of mark.Goods in respect of which the mark
has been used and is assigned.
The date of assignment was the ..day of 19
*Additional marks may be given in a signed schedule on the back of the Form.
Dated this ......day of 19
.................(d)
To the Registrar of Trade Marks,
Hong Kong.
FORM TM-No. 20.
Fee No. 15 or 15a, Schedule 1, Trade Marks Rules.
No. of Fee not applicable must be deleted before payment.
TRADE MARKS
ORDINANCE
(Chapter 43)
Application for Registration of Certification Trade Mark under
section 64 and rule 50
(To be accompanied by 2 duplicates)
Application is hereby made for registration in Part A of the register of the
Certification Trade Mark mounted on the attached foolscap sheet in class
...............
in respect of
.................................
.................... 1
in the name of (b)
................................................................................................
......
whose address is (e)
................................................................................................
...
......................
5 additional unmounted representations of the Certification Trade Mark are
attached.
Dated this ......day of 19
.................(d)
To the Registrar of Trade Marks,
Hong Kong.
FORM TM-No. 2 1.
No Fee.
TRADE MARKS
ORDINANCE
(Chapter 43)
Draft Regulations for governing the use of Certification
Trade Mark
(section 65(4) and rule 52)
(To be accompanied by required duplicates)
Draft Regulations for governing the use of the Certification Trade Mark/s
referred to in the accompanying application dated the
.............................................
day of .............19 /as required by the Registrar on
the .........................day of 19 in respect of
application No . .....dated the day of
19 ..............and made by /(a)
FORM TM-No. 22.
Fee No. 16, Schedule 1, Trade Marks Rules.
TRADE MARKS
ORDINANCE
(Chapter 43)
Notice to the Registrar under section 66(2) and rule 54(2)
of
Opposition to an Application for registration of
a Certification Trade Mark
(To be accompanied by a duplicate)
IN THE MATTER OF an Application No . by
............ .............of
...........................
I/We, (a)
............................................................................................
................
...........................
hereby give notice of my/our intention to oppose the registration of the
Certification Trade Mark advertised under the above number for class
................. in the Gazette of the day of
....... 1 ......19 .No . ..page
The grounds of opposition are as follows (b)
...........................
...........................
...........................
My/Our address for service in Hong Kong in these proceedings is
...........................
Dated this ......day of 119
.................(e)
To the Registrar of Trade Marks,
Hong Kong.
FORM TM-No. 23.
Fee No. 17, Schedule 1, Trade Marks Rules.
TRADE M~ ORDINANCE
(Chapter 43)
Form of Counter-Statement in reply to Notice under section
66(2)
and rule 54(2) of opposition to an application for registration
of a Certification Trade Mark
(To be accompanied by a duplicate)
IN THE MATTER OF an opposition by (a)
.................................................
to application No . .........for registration of a
Certification Trade Mark.
I/We, (b)
.........................................................................................
...................
.....applicant /s for registration
......................................................................................
the applicant/s for a registration of the Certification Trade Mark
advertised under
the above number hereby give notice that the following are the grounds on which
I/we rely as supporting my/our application-
....................................
.................................... 1
....................................
I/We admit the following allegations in the notice of opposition
....................................
My/Our address for service in Hong Kong in these proceedings is
....................................
Dated this .............day of 19
(C)
......................................
To the Registrar of Trade Marks,
Hong Kong.
FORM TM-No. 24.
Fee No. 18, Schedule 1, Trade Marks Rules.
TRADE MARKS
ORDINANCE
(Chapter 43)
Hearing by the Registrar of an opposition under section 66(2)
and rule .54(2) to an application for registration of
a Certification Trade Mark
Notice of Attendance at Hearing
I/We, (a)
.........................................................................................
...................
....................................
..........*****
***** ..
hereby give no Hearing by the Registrar of the arguments in the case of
opposition by ........................to application
No . .................................for the registration of a Certification Trade
Mark, which, by the Registrar's Notice to melus dated the day
of .............19 .is fixed for a.m. or p.m.
at the Trade Marks Registry on the day of
19 will be attended by melus or by some person on my/our behalf.
Dated this ......day of 19
.................(b)
.................(c)
To the Registrar of Trade Marks,
Hong Kong.
FORM TM-No. 25.
Fee No. 19, Schedule 1, Trade Marks Rules.
TRADE MARKS ORDINANCE
(Chapter 43)
Request for the consent of the Registrar of Trade Marks to alteration of
the deposited Regulations for use of a Certification Trade Mark
(section 68(1) and rule 55)
(To be accompanied by 2 copies)
Application is hereby made by (a)
.....................................................................
...........................
..........'' ................
.................
who *is/are the proprietor/s of the Certification Trade Mark/s No. (b) ......................
........................... registered in class
........................... in respect of (e)
...........................
. .... ..
..... .
that deposited regulations for governing the use of the mark may be altered d in
lie' 'de ................. .... .....
...
the manner shown in red in the accompanying copies (d) of the regulations as proposed to be
altered, and for the consent of the Registrar of Trade Marks to such alteration.
Dated this .................day of 19
(e)
.................................................
.........
To the Registrar of Trade Marks,
Hong Kong.
FORM TM-No. 26.
Fee No. 20, Schedule 1, Trade Marks Rules.
TRADE MARKS ORDINANCE
(Chapter 43)
Application to the Registrar for the Expunging or Varying of
an entry in the Register relating to a Certification Trade
Mark or Varying the deposited Regulations
(section 68(2) and rule 56)
(To be accompanied by 2 copies and a Statement of Case in triplicate)
IN THE MATTER OF Certification Trade Mark No . ..................................
registered in the name of
...........................................................................................
.................. in class
I/We, (a)
...........................................................................................
.................
being an ...........................aggrieved
person/s, hereby apply *a'* p- ......
1. (b) that the entry in the register in respect of the above-mentioned
Trade Mark may be (c) expunged
varied in the following manner---
....................................
................................................................................................................................
.
2. (b) that the deposited regulations governing the use of the above
mentioned Trade Mark may be varied in the following manner ................................
....................................
....................................
The grounds of my/our application are as follows
......... . ...................................................
....................................
My/Our address for service in Hong Kong in these proceedings is
....................................
Dated this ..................day of 19
(d)
..........................................................
To the Registrar of Trade Marks,
Hong Kong.
FORM TM-No. 27.
FEE No. 21, 2 1 a or 2 1 b, Schedule 1, Trade Marks
Rules.
Nos. of Fees not applicable must be deleted before payment.
TRADE MARKS
ORDINANCE
(Chapter 43)
Renewal of Registration of Trade Mark (section 45 and rule 57)
(This form should not be filed more than 3
months
before the expiration of the last registration)
I/We, (a)
............................................................................................................
........................ ********
hereby leave prescribed fee of ........ for renewal
of registration of the Trade Mark No . in class
.1 ..................................................... . *which I am directed by the proprietor
of the Trade Mark, that is to say by (b)
....................................................................
............................. to pay.
Dated this .....................day of 19
(C) ..........................................................
(d) ..........................................................
To the Registrar of Trade Marks,
Hong Kong.
FORM TM-No. 28.
Fee No. 22, Schedule 1, Trade Marks
Rules.
TRADE MARKS
ORDINANCE
(Chapter 43)
Additional Fee of $220 (rule 59) to accompany
Renewal Fee
(Form TM-No. 27), within 1 month after
advertisement
of non-payment of Renewal Fee
(To accompany Form TM-No. 27)
In pursuance of the notices issued by the Registrar, Ilwe hereby
transmit the additional fee of $220 (along with Form TM-No. 27) for the
renewal of the registration of the Trade Mark No .
..........................................................................
in class ...................................................
Dated this ......day of 119
.................(a)
.................(b)
To the Registrar of Trade Marks,
Hong Kong.
Note: This Form must be~ by the person/s signing the Form TM-No. 27 which
accompanies it.
FORM TM-No. 29.
Fee No. 23, Schedule 1, Trade Marks
Rules.
TRADE M~ ORDINANCE
(Chapter 43)
Restoration of Trade Mark removed from
Register for
Non-payment of Fee (rule 60)
(To accompany Form TM-No. 27)
In pursuance of the notices issued by the Registrar, I/we hereby
transmit the additional fee of $700 (along with Form TM-No. 27) for
restoration to the register of the Trade Mark No .
.................................................................................
in class ...................................................
Dated this ......day of 19
.................(a)
.................(b)
To the Registrar of Trade Marks,
Hong Kong.
Note: This Form must be signed by the person/s signing the Form TM-No. 27
which accompanies it.
FORM TM-No. 30.
Fee No. 24, Schedule 1, Trade Marks Rules.
TRADE MARKS ORDINANCE
(Chapter 43)
Application to the Registrar for the Rectification of the Register
or the Removal of a Trade Mark from the Register (rule 63)
IN THE MATTER OF the 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. My/Our
address for service in Hong Kong in these proceedings is
....................................
....................................
Dated this ....day of 119
(C)
................................................
..........
To the Registrar of Trade Marks,
Hong Kong.
Note: 1.This Form must be accompanied by a Statement of Case setting out the particulars required
by rule 63.
2.If the application is made by a person who is not the registered proprietor, it must be
accompanied by 2 copies of the application and 2 copies of the Statement of Case.
FORM TM-No. 3 1.
Fee No. 25, Schedule 1, Trade Marks Rules.
TRADE MARKS ORDINANCE
(Chapter 43)
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 (rule 65)
IN THE MATTER OF Trade Mark No . .......................................................
registered in the name of
...........................................................................................
................ in class
I/We, (a)
...........................................................................................
.................
....................................
hereby apply for leave to intervene in the proceedings relating to the rectification or removal of
the entry in the register in respect of the above-mentioned Trade Mark.
My/Our interest in the Trade Mark is
...............................................................
My/Our address for service in Hong Kong in these proceedings is-
Dated this ......day of 19
(b)
................................................
..........
To the Registrar of Trade Marks.
Hong Kong.
FORM TM-No. 32.
Fee No. 26, Schedule 1, Trade Marks Rules.
TRADE MARKS ORDINANCE
(Chapter 43)
Request for Alteration of Trade or Business Address
in Register of Trade Marks
(section 50 and rule 66)
IN THE MATTER OF Trade Mark/s No./s
............................................... registered in class
....................................................
.I/We
of being
the registered (a) proprietor/s of the Trade Mark/s numbered as above,
user/s
request that my/our trade/business (b) address in the Register of Trade Marks be
altered to
Dated this ......day of 19
.................(C)
To the Registrar of Trade Marks,
Hong Kong.
Note:A registered proprietor or registered user whose address has been altered by a public
authority, so that the changed address designates the same premises as before, may make also
the statement below. In such a case, and if a certificate of the alteration given by the named
authority be supplied, no fee is payable on this Form (Rule 101(3)).
change of premises)
1. The change of address for the entry of which application is made above
was ordered by (a)
................................................................................................
....
.................. 11
..................
on the ............day of 19
2. A certificate of the alteration given by the named authority is attached.
(b)............................................
..............
FORM TM-No. 33.
Fee No. 27, Schedule 1, Trade Marks Rules.
TRADE MARKS ORDINANCE
(Chapter 43)
Request for Correction of Clerical Error in Register or
for Amendment of Application
IN THE MATTER OF (a)
.............................................................................
I/We being the
.........................................................................................
..........
hereby request that
......................................................................................
........... 1
................
................................................................................. 1
Dated this ......day of 19
.................(b)
To the Registrar of Trade Marks,
Hong Kong.
FORM TM-No. 34.
Fee No. 28 or 28a, Schedule 1, Trade Marks Rules.
No. of Fee not applicable must be deleted before payment.
TRADE MARKS ORDINANCE
(Chapter 43)
Request to enter Change of Name or Description of
Registered Proprietor (or Registered User) of
Trade Mark upon the Register
(section 50 and rule 66)
I/We (a)
.........................................................................................
....................
..................
hereby request that my/our name/s *s* and
description/s .may be enter . ..in,
the Register of Trade Marks as (b) proprietor/s of the Trade
registered user/s
Mark/s No .
..............................................................................................................
*registered in class .............................................
I am/We are entitled to (b) the said Trade Mark.
1 use the said Trade Mark as registered userls.
There has been no change in the (b)actual proprietorship 1
identity of the registered user/s
of the said Trade Mark, but (c)
.................................................................................
....................................
The entry at present standing in the register gives my/our name/s and
description/s as follows . .........................................................................................
....................................
Dated this .....day of 19
................(d)
To the Registrar of Trade Marks,
HongKong.
FORM TM-No. 35.
Fee No. 29, Schedule 1, Trade Marks Rules.
TRADE MARKS ORDINANCE
(Chapter 43)
Application by Registered Proprietor of Trade Mark for
the cancellation of Entry thereof in Register
(section 50(1)(c) and rule 66)
IN THE MATTER OF Trade Mark No . .......................................................
Class
..............................................................................................
........................... Name of Registered Proprietor
.................................................................................
............... ..... 1
Trade or business address
.........................................................................................
Description
................................................................................................
...............
Application is hereby made by
...................................................................
of (a) ...........[or by
................. a member of the firm of
................. of (a)
on behalf of my said firm]
.........................................................................................
entry in the register of trade marks of the Trade Mark No .
.........................
........................ .......
in class .....................may be cancelled.
Dated this ......day of 19
.................(b)
To the Registrar of Trade Marks,
Hong Kong.
Note:Rule 66 requires that an application on this Form shall be signed by the Registered Proprietor of the Trade
Mark, or other person entitled under that rule, unless in exceptional circumstances the Registrar otherwise
allows.
FORM TM-No. 36.
Fee No. 29, Schedule 1, Trade Marks Rules.
TRADE MARKS ORDINANCE
(Chapter 43)
Application by Registered Proprietor of Trade Mark to
the Registrar to strike out Goods from those
for which the Trade Mark is registered
(section 50(1)(d) and rule 66)
IN THE MATTER OF Trade Mark No . .......................................................
registered in class
..............................................................................................
........ Name of Registered Proprietor
.................................................................................
.....................................
Trade or business address
.........................................................................................
Description
................................................................................................
...............
Application is hereby made by
..........................................................................
of (a) ...............................[or by
...................... a member of the
of (a)
..............................................................................................
........................... on behalf of my said Firm]
........................................................................................
for the striking g- out of (b)
from the goods for which the Trade Mark No . .......................................... is
registered in class
..............................................
Dated this ......day of 19
.................(C)
To the Registrar of Trade Marks,
Hong Kong.
Note:Rule 66 requires that an application on this Form shall be signed by the Registered Proprietor
of the Trade Mark, or other person entitled under that rule, unless in exceptional circumstances
the Registrar otherwise allows.
FORM TM-No. 37.
Fee No. 30, Schedule 1, Trade Marks Rules.
TRADE MARKS ORDINANCE
(Chapter 43)
Request by Registered Proprietor of a Trade Mark that a Disclaimer
or Memorandum relating thereto may be registered
(section 50(1)(e) and rule 66)
Request is hereby made by (a)
...........................................................................
.................. 1
......................... . ... ...
...........................
in the register un connection
........................ in class
............................
of the following .............................................
..................................
namely . ..................................................................................................................
..........
........ ...........
.........1 .................. ..................................
...................................................
Dated this .........day of 19
(b)
................................................
..........
To the Registrar of Trade Marks,
Hong Kong.
FORM TM-No. 38.
Fee No. 31 or 31 a, Schedule 1, Trade Marks Rules.
No. of Fee not applicable must be deleted before payment.
TRADE MARKS ORDINANCE
(Chapter 43)
Form of Request to the Registrar by a Registered Proprietor or
a Registered User of a Trade Mark, or a person about
to be registered as such, to enter, alter, or substitute
an Address for Service as part of his Registration
(rules 100(2) and 101(2))
Request is made by (a)
......................................................................................
...................... '' . . . .. . ...
............
who is about to be register h ed as (or) '' who is is theregistered( e b) (b) pro
proprietor user of Trade
Mark/s No . .......................... registered in
class ................................for the (c) inclusion, addition, alteration or
substitution of an address for service in Hong Kong in or to the entry thereof so
that the address for service in Hong Kong may read: (d)
..........................................
.....................................
Dated this .............day of 119
(e)
.......................................
To the Registrar of Trade Marks,
Hong Kong.
Note:A registered proprietor or registered user whose address for service in Hong Kong has been altered by a
public authority, so that the changed address designates the same premises as before may make also the
statement below. In such a case, and if a celebrate of the alteration given by the named authority be supplied,
no fee is payable an this Form (Rule 101(3)).
(For use only in case of an address for service changed by
a public authority, without change of premises).
1. The change of address for the entry of which application is made above
was ordered by (a)
.................................................................................................
...
.......***** .... ........ ....
on the.............................ay of
19............
2. A certificate of the alteration given by the named authority is attached.
(b) ..........................................................
Note: 1. By Rules 100(3) and 101(5) an application on this Form must 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.
2.A request on this Form to enter an initial address for service as part of a registration may be made
without fee if it accompanies one of the Forms TM-No. 9, No. 13, No. 14 or No. 45.
FORM TM-No. 39.
Fee No. 32, Schedule 1, Trade Marks Rules.
TRADE MARKS
ORDINANCE
(Chapter 43)
Request to the Registrar for entry on the Register and
advertisement of a note of a certificate of validity
by the Court under section 75
(rule 69)
IN THE MATTER OF Trade Mark/s No./s ................................................
registered in class ......in the name of
.........................
I/We, (a)
............................................................................................................
....................................
....................................
hereby request the Registrar to add to the above-numbered entry/ies of a
Trade Mark in the register, and to advertise in the Gazette a note that in
(b)
.............................................................................................................................
....................................
............. .... .... *********
******
the Court certified that the validity of the said registration/s came into question
and
was decided in favour of the proprietor of the Trade Mark in the terms of the
accompanying office copy of the certificate of validity.
Dated this ........day of .... 19
(C) ..........................................................
To the Registrar of Trade
Marks, Hong Kong.
FORM TM-No. 40.
Fee No. 33 or 33a, Schedule 1, Trade Marks Rules.
No. of Fee not applicable must be deleted before payment.
TRADE MARKS
ORDINANCE
(Chapter 43)
Application by Registered Proprietor for an addition to or
alteration of a Registered Trade Mark
(section 51 and rule 70)
IN THE MATTER OF Trade Mark No . .......................................................
in class ........................................
Application is hereby made by (a)
.....................................................................
........ 1
Trade Mark numbered as above,
.. . . ............ . . ..
..........
registered proprietor/s of the
that the Registrar shall add to it or alter it in the following particulars, that is
to say---(b) .............. ..........
.....1 ...1
.........................................................................................
.................. ..............
...................................
........
........ 1
Four copies of the mark as it will appear when so altered are attached.
Dated this ......day of 19
.................(e)
To the Registrar of Trade Marks,
Hong Kong.
FORM TM-No. 41. Fee No. 34, Schedule 1, Trade Marks Rules.
TRADE MARKS
ORDINANCE
(Chapter 43)
Notice of Opposition to Application under section 51(2)
for addition to or alteration of a Registered
Trade Mark (rule 71)
(To be accompanied by a duplicate)
IN THE MATTER OF Trade Mark No . .......................................................
registered in the name of ..........
................. in class 1
I/We, (a) ...... ..... .
... ... ***
.......................................................................................
................
hereby give notice of my/our intention to oppose the addition to or alteration of
the Trade Mark numbered and registered as above, so that it shall be in the form
shown in the application advertised in the Gazette of the day
of .........19 ...No . .....page
The grounds of opposition are as follows-
...................................
................................... 1
...................................
....................................1
...................................
My/Our address for service in Hong Kong in these proceedings is-
.................................1 ..... 1
................
........ ...........................................
................
Dated this .......................... day of
19
(b)
.................................................
.........
To the Registrar of Trade Marks,
Hong Kong.
FORM TM-No. 42. Fee No. 35, Schedule 1, Trade Marks Rules.
TRADE MARKS ORDINANCE
(Chapter 43)
Reclassification
Application to the Registrar under rule 75 by the Proprietor
of a Registered Trade Mark for the conversion of the
Specification from Schedule 3 to Schedule 4
(section 54)
IN THE MATTER OF Trade Mark No . .......................................................
registered in the name of
...........................................................................................
in class ................of Schedule 3.
Application is hereby made by (a)
.....................................................................
.......................the registered
proprietor of the above-numbered Trade Mark, for the conversion of the specification of the above-
mentioned registration (b) and the specification/s of the registered user/s thereunder from Schedule
3 to Schedule 4 of the Trade Marks Rules.
The specification/s entered on the register in accordance with Schedule 3 is/are .
.....................................................................................................................
.....................................
Application is made that the Registrar should propose the following specification/s in
accordance with Schedule IV, upon conversion:
Class:
..................................................................
..........
Class:
..................................................................
..........
Dated this ........day of
............................................ 19
(C)
.................................................
.........
To the Registrar of Trade Marks,
Hong Kong.
FORM TM-No. 43.
Fee No. 36, Schedule 1, Trade Marks Rules.
TRADE MARKS ORDINANCE
(Chapter 43)
Reclassification
Notice of Opposition to Proposal for Conversion of Specification
(section 54(3) and rule 76(1))
(To be accompanied by a duplicate and a Statement, in duplicate,
showing how the proposed conversion would be
contrary to section 54(2))
IN THE MATTER OF Trade Mark/s No./s . ................................................
registered in the name of
...........................................................................................
................ in class of Schedule
3 of the Trade Marks Rules.
I/We, (a)
...........................................................................................
.................
................. .........hereby give notice
of my/our intention to oppose the proposal for the conversion of the specifica-
tion/s of the Trade Mark/s, advertised in the Gazette of the day
of ...............19 .No . ...page
The grounds of opposition are as follows-
............................
.............................1
............................
My/Our address for service in Hong Kong in these proceedings is
Dated this ......day of 19
.................(b)
To the Registrar of Trade Marks,
Hong Kong.
FORM TM-No. 44.
Fee No. 37, Schedule 1, Trade Marks Rules.
TRADE MARKS ORDINANCE
(Chapter 43)
Application under section 55 and rule 78 for Registration of a
Trade Mark as a Defensive Trade Mark
Application is hereby made for registration in Part* .........................................
of the register of the Trade Mark shown hereunder as a defensive Trade Mark in
class
..............................................................................................
............................ in respect of (a)
..............................................................................................
........... ...
..............................................................................................
................................ in the name of (b)
..............................................................................................
........
..................
of (c)
.................................................................................................
........................
..................................(d)
trading
as .............................who
is/are the proprietr/s of the same Trade Mark registered in class ............................
in respect of ....................under No .
The particulars of the facts on which Ilwe rely in support of this application are set forth in
the accompanying Statement of Case (e).
Three additional copies of the mark are attached.
Dated this .....................day of 119
(f)
.................................................
........
To the Registrar of Trade Marks,
Hong Kong.
FORM TM-No. 45. Fee No. 38 or 38a, Schedule 1, Trade Marks Rules. No. of
Fee not applicable must be deleted before payment.
TRADE M~ ORDINANCE
(Chapter 43)
Application for Registration of Registered User (rule 79)
(section 58)
(To be accompanied by a Statement of Case giving particulars and stating
as required by section 58(3), verified by a statutory declaration made by
the proprietor, or by some person authorized to act on his behalf and
approved by the Registrar)
Application is hereby made by (a)
.....................................................................
....................................
............ .
....................................................................................
who is/are the registered proprietor/s of Trade Mark/s No./s .
registered in class in respect of (b)
that (c)
................................................................................................
......................
of (d)
................................................................................................
........................
trading as (e)
................................................................................................
.............
who hereby joins in the application, may be registered as a registered user of the
above-numbered Registered Trade Mark/s in respect of (f)
....................................
....................................
subject to the following conditions or restrictions-
..............................................................................
(9)
..............................................................................................
.............................
.....................................
(h) The proposed permitted use is to end on the day
of ................19 The proposed permitted use
is without limit of period.
Dated this ......day of 119
.................(i)
To the Registrar of Trade
Marks, Hong Kong.
Note: Afor the entry of an address for service of the registered user may be made on Form TM-No.
38 request 38 without payment of any fee if it accompanies this Form
FORM TM-No. 46.
Fee No. 39 or 39a, Schedule 1, Trade Marks Rules.
No. of Fee not applicable must be deleted before payment.
TRADE MARKS
ORDINANCE
(Chapter 43)
Application by the Registered Proprietor of a Trade Mark for
variation of the registration of a Registered User thereof with
regard to the goods or the conditions or restrictions
(section 60(1)(a); rule 81)
(To be accompanied by a Statement of the Grounds for the
application and the written consent (if given)
of the registered user)
Application is hereby made by (a)
.....................................................................
.....................................
.
the proprietor of Trade Mark/s No./s . registered
in class in respect of (b)
....
!*at the registration of (c)
.........................................................................................
.....................................
...................................... .
as a registered user of the above-numbered Trade Mark/s in respect of (d)
..............................................................................................
..............................
.................................................................................
may be varied in the following
manner-(e)
................................................................................................
.............
.....................................
Dated this ......day of 19
.................(f)
To the Registrar of Trade Marks,
Hong Kong.
FORM TM-No. 47. Fee No. 40 or 40a, Schedule 1, Trade Marks Rules. No. of
Fee not applicable must be deleted before payment.
TRADE MARKS
ORDINANCE
(Chapter 43)
Application by the Registered Proprietor of a Trade Mark or by
any of the Registered Users of the Trade Mark for the
cancellation of entry of a Registered User thereof
(section 60(1)(b); rule 82)
(To be accompanied by a Statement of the Grounds
for the application)
Application is hereby made by (a)
.....................................................................
.....................................
.....................................
being (b) the registered proprietor (a registered user) of Trade Mark/s No./s . ..........
.............. registered in class
in respect of (c)
.................................................................................................
........
for the cancellation of the entry under the above-mentioned registration/s of (d)
.....
....................................
....................................
as a registered user of the Trade Mark/s in respect of (e)
..........................................
....................................
....................................
The grounds for this application are set forth in the accompanying
statement.
Dated this ..day of 119
.....................................................................
..............
..............
To the Registrar of Trade Marks,
Hong Kong.
FORM TM-No. 48.
Fee No. 41 or 41 a, Schedule 1, Trade Marks Rules.
No. of Fee not applicable must be deleted before payment.
TRADE MARKS
ORDINANCE
(Chapter 43)
Application for cancellation of entry of a Registered User of a
Trade
Mark (section 60(1)(c); rule 83)
(To be accompanied by a Statement of the Grounds
for the application)
IN THE MATTER OF Trade Mark/s No./s . ................................................
*registered in class in the name of (a)
..............
Application is hereby made by (b)
.....................................................................
(whose address for service ... e** in Hong Kong I ... g** in** in these
proceeding p** is d** in** is ..............................
....................................
for the cancellation of the entry under the above-mentioned registration/s of (c)
.... .... the
..............................................................................................
........................... as registered user thereof in respect of (d)
...........................................................
....................................
....................................
The grounds of this application, particulars of which are given in detail in the
accompanying statement of case, are (e)
...................................................................
.........
......... 1
.........
Dated this ......day of 19
.................(f)
To the Registrar of Trade Marks,
Hong Kong.
FORM TM-No. 49.
Fee No. 42, Schedule 1, Trade Marks Rules.
TRADE MARKS
ORDINANCE
(Chapter 43)
Notice to the Registrar under section 61 and rule 84 of
intention
to intervene in proceedings for the variation or cancellation of
an entry of a Registered User of a Trade Mark
(To be accompanied by a Statement of the Grounds
for intervention)
IN THE MATTER OF Trade Mark No . .......................................................
registered in class in the name of (a)
and
IN THE MATTER OF a registration of (b)
...................................................
...........................................
..............
thereunder as a registered user of the mark.
In reply to the Registrar's notification, dated the day
of ..................19 notice is hereby given of any
intention to intervene in the proceedings in the above
matter.
My address for service in Hong Kong for the purpose of these proceedings is
...
.....................................
Dated this ......day of 19
.................(C)
To the Registrar of Trade Marks,
Hong Kong.
FORM TM-No. 50.
No Fee.
TRADE MARKS
ORDINANCE
(Chapter 43)
Form of Authorization where an agent is appointed during
the progress of an Application or where one agent
is substituted for another (rule 102(2A)
*I/We .
...............................................................................................................
have appointed(a)
...
......
...............................................................................................
............................
to act as my/our agent for (b)
...................................................................................
No .
and request that all notices, requisitions and communications relating thereto may
be sent to such agent at the above address.
I/We hereby revoke all previous authorizations, if any, in respect of the
same matter or proceeding.
I/We, hereby declare that I am/we are a (c)
........................................................
.....................
Dated this ......day of 19
.................(d)
Address (e)
........................................................
[To be struck out if the person appointing the agent desires his own address to be
treated as the address for service after registration].
I/We also authorize the said (a)
.........................................................................
..................... to complete Form TM-No. 38
requesting the entry of an address for service as part of any registration obtained
under the above authorization.
Dated this ......day of 19
.................(d)
Address (e)
........................................................
To the Registrar of Trade Marks,
Hong Kong.
(L.N. 28 of 1964)
FORM TM-No. 5 1.
Fee No. 43 or 43a, Schedule 1, Trade Marks Rules.
No. of Fee not applicable must be deleted before payment.
TRADE MARKS ORDINANCE
(Chapter 43)
Request for General Certificate of the Registrar (including
Certificate of Registration of a Trade Mark other than
a Certificate under section 17(3)
rules 103 to 105
IN THE MATTER OF *Trade Mark No . .....................................................
registered in class ..
I/We,
..............................................................................................
.................... of
..............................................................................................
................................
hereby request the Registrar to furnish me/us with (b) his certificate that (a)
............
............................ 1
....................................
This certificate is required (b) for use in legal proceedings/(b) for use in
obtaining registration abroad/(b) for use other than in legal proceedings or in
obtaining registration abroad.
Dated this ................day of .................
19
(C)
................................................
..........
(d)
................................................
..........
To the Registrar of Trade Marks,
Hong Kong.
FORM TM-No. 52.
Fee No. 44, Schedule 1, Trade Marks Rules.
TRADE MARKS
ORDINANCE
(Chapter 43)
Inspection of Register, etc. or making a search in
Register
(rule 108(2))
.........................................................................................
.............................hereby request
that 1 be permitted-
(a) to inspect or make a search in the Trade Marks Register, (a) Hem ~c out
(a) to inspect- words that am not
(b) applicable.
.......................................(b) Specify
relating to Trade Mark No . ...........document to
be
.......................................inspected.
registered in class ...................(See role 108).
(Signature)..............................................
..........
To the Registrar of Trade Marks,
Hong Kong.
Note: The fee payable on this application is for each half hour or part thereof.
(L.N. 28 of 1964)
FORM TM-No. 53.
Fee No. 45, Schedule 1, Trade Marks Rules.
TRADE MARKS
ORDINANCE
(Chapter 43)
Notice of Order of Court for Alteration or Rectification
of
Register of Trade Marks (rule 111)
IN THE MATTER OF Trade Mark No . .......................................................
registered in class ....in the name of
.......................
Notice is hereby given to the Registrar that, by an Order of the Court made on
the ..day of ...........19
it was directed that
................................................................................................
....
......................... 1
An office copy of the Order of the Court is
attached.
Dated this ...........day of 19
...............................................................
To be signed by
....................the person
To the Registrar of Trade Marks,....... interested or his
Hong Kong. ....................agent.
(L.N. 28 of 1964; L.N. 58 of 1968; L.N. 125 of 1974; L.N. 242 of 1981; L.N. 113 of 1985; L.N. 256 of 1987,
L.N. 234 of 1989)
SCHEDULE 3
CLASSIFICATION OF
GOODS
(rule 74(1))
(Note: This was the Classification in the Third Schedule to the Trade Marks Rules under the
Trade Marks Ordinance 1909 (Chapter 43, Laws of Hong Kong, Revised Edition 1950)).
Class Goods included in class
1 Chemical substances used in manufactures, photography, or philosophical research, and
anti-corrosives.
2 Chemical substances used for agricultural, horticultural, veterinary, and sanitary
purposes.
3 Chemical substances prepared for use in medicine and pharmacy.
4 Raw, or partly prepared, vegetable, animal, and mineral substances used in
manufactures, not included in other classes.
5 Unwrought and partly wrought metals used in manufacture.
6 Machinery of all kinds, and parts of machinery, except agricultural and horticultural
machines and their parts included in class 7.
7 Agricultural and horticultural machinery, and parts of such machinery.
8 Philosophical instruments, scientific instruments, and apparatus for useful purposes;
instruments and apparatus for teaching.
9 Musical instruments.
10 Horological instruments.
11 Instruments, apparatus, and contrivances, not medicated, for surgical or curative
purposes, or in relation to the health of men or animals.
12 Cutlery and edge tools.
13 Metal goods, not included in other classes.
14 Goods of precious metals and jewellery, and imitations of such goods and jewellery.
is Glass.
16 Porcelain and earthenware.
17 Manufactures from mineral and other substances for building or decoration.
19 Engineering, architectural, and building contrivances.
19 Arms, ammunition, and stores, not included in class 20.
20 Explosive substances.
21 Naval architectural contrivances and naval equipments not included in other classes.
22 Carriages.
23 (a) Cotton yarn.
(b) Sewing cotton.
24 Cotton piece goods.
25 Cotton goods not included in other classes.
Class Goods included in class
26 Linen and hemp yam and thread.
27 Linen and hemp piece goods.
28 Linen and hemp goods not included in other classes.
29 Jute yarns and tissues, and other articles made of jute, not included in other classes.
30 Silk, spun, thrown or sewing.
31 Silk piece goods.
32 Silk goods not included in other classes.
33 Yarns of wool, worsted or hair.
34 Cloths and stuffs of wool, worsted or hair.
35 Woollen and worsted and hair goods, not included in other classes.
36 Carpets, floor-cloth, and oil-cloth.
37 Leather, skins unwrought and wrought, and articles made of leather not included in
other classes.
38 Articles of clothing.
39 Paper (except paper hangings), stationery, and bookbinding.
40 Goods manufactured from india-rubber and gutta-percha not included in other classes.
41 Furniture and upholstery.
42 Substances used as food or as ingredients in food.
43 Fermented liquors and spirits.
44 Mineral and aerated waters, natural and artificial, including ginger beer.
45 Tobacco, whether manufactured or unmanufactured.
46 Seeds for agricultural and horticultural purposes.
47 Candles, common soap, detergents; illuminating, heating, or lubricating oils; matches;
and starch, blue, and other preparations for laundry purposes.
48 Perfumery (including toilet articles, preparations for the teeth and hair and perfumed
soap).
49 Games of all kinds and sporting articles not included in other classes.
50 Miscellaneous-
(1) Goods manufactured from ivory, bone or wood, not included in other classes.
(2) Goods manufactured from straw or grass, not included in other classes.
(3) Goods manufactured from animal and vegetable substances, not included in other
classes.
(4) Tobacco pipes.
(5) Umbrellas, walking sticks, brushes and combs for the hair.
(6) Furniture cream, plate powder.
(7) Tarpaulins, tents, rick-cloths, rope (JUTE or hemp), twine.
(8) Buttons of all kinds other than of precious metal or imitations thereof.
(9) Packing and hose.
(10) Other goods not included in the foregoing classes.
SCHEDULE 4
CLASSIFICATION OF
GOODS
NAMES OF THE CL~
(section 8 and rules 9(3), 10, 11, and 74(2))
(Note: Parts of an article or apparatus are, in general, classified with the actual article or
apparatus, except where such parts constitute articles included in other classes).
Class Goods included in class (see rule 10)
1 Chemicals used in industry, science and photography, as well as in agriculture,
horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire
extinguishing compositions; tempering and soldering preparations; chemical substances
for preserving foodstuffs; tanning substances; adhesives used in industry.
2. Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood;
colourants; mordants; raw natural resins; metals in foil and powder form for painters,
decorators, printers and artists.
3. Bleaching preparations and other substances for laundry use; cleaning, polishing,
scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair
lotions; dentifrices.
4. Industrial oils and greases; lubricants; dust absorbing, wetting and binding
compositions; fuels (including motor spirit) and illuminants; candies, wicks.
5. Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for
medical use, food for babies; plasters, materials for dressings; material for stopping
teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides,
herbicides.
6. Common metals and their alloys; metal building materials; transportable buildings of
metal; materials of metal for railway tracks; non-electric cables and wires of common
metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes;
goods of common metal not included in other classes; ores.
7. Machines and machine tools; motors (except for land vehicles); machine coupling and
belting (except for land vehicles); agricultural implements; incubators for eggs.
8. Hand tools and implements (hand operated); cutlery; side arms; razors.
9. Scientific, nautical, surveying, electric, photographic, cinematographic, optical,
weighing, measuring, signalling, checking (supervision), life-saving and teaching
apparatus and instruments; apparatus for recording, transmission or reproduction of
sound or images; magnetic data carriers, recording discs; automatic vending machines
and mechanisms for coinoperated apparatus; cash registers, calculating machines, data
processing equipment and computers; fire-extinguishing apparatus.
10. Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes
and teeth; orthopedic articles; suture materials.
11. Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying,
ventilating, water supply and sanitary purposes.
12. Vehicles, apparatus for locomotion by land, air or water.
13. Firearms; ammunition and projectiles; explosives; fireworks.
14. Precious metals and their alloys and goods in precious metals or coated therewith, not
included in other classes; jewellery, precious stones; horological and chronometric
instruments.
is. Musical instruments.
Class Goods included in class (see rule 10)
16. Paper, cardboard and goods made from these materials, not included in other classes;
printed matter; bookbinding material; photographs; stationery; adhesives for stationery
or household purposes; artists' materials; paint brushes; typewriters and office requisites
(except furniture); instructional and teaching material (except apparatus); plastic
materials for packaging (not included in other classes); playing cards; printers' type;
printing blocks.
17. Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials and not
included in other classes; plastics in extruded form for use in manufacture; packing,
stopping and insulating materials; flexible pipes, not of metal.
is. Leather and imitations of leather, and goods made of these materials and not included in
other classes; animal skins, hides; trunks and travelling bags; umbrellas, parasols and
walking sticks; whips, harness and saddlery.
19. Building materials (non-metallic); non-metallic rigid pipes for building asphalt, pitch and
bitumen; non-metallic transportable buildings; monuments, not of metal.
20. Furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork,
reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl,
meerschaum and substitutes for all these materials, or of plastics.
21. Household or kitchen utensils and containers (not of precious metal or coated
therewith); combs and sponges; brushes (except paint brushes); brush-making materials;
articles for cleaning purposes; steelwool; un-worked or semi-worked glass (except glass
used in building); glassware, porcelain and earthenware not included in other classes.
22. Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in
other classes); padding and stuffing materials (except of rubber or plastics); raw fibrous
textile materials.
23. Yams and threads, for textile use.
24. Textiles and textile goods, not included in other classes; bed and table covers.
25. Clothing, footware, headgear.
26. Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles;
artificial flowers.
27. Carpets, rugs, mats and matting, linoleum and other materials for covering existing
floors; wall hangings (not-textile).
28. Games and playthings; gymnastic and sporting articles not included in other classes;
decorations for Christmas trees.
29. Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and
vegetables; jellies, jams; eggs, milk and milk products; edible oils and fats; salad
dressings; preserves.
30. Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations
made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast,
baking-powder; salt, mustard; vinegar, sauces (except salad dressings); spices; ice.
31. Agricultural, horticultural and forestry products and grains not included in other classes;
living animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs
for animals, malt.
32. Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit
juices; syrups and other preparations for making beverages.
33. Alcoholic beverages (except beers).
34. Tobacco; smokers' articles; matches.
(L.N. 256 of 1987)
(a) Here insert full name and address. (b) Here specify the goods. Only goods included in one class should be specified. A separate Form of Request is required for each class. (c) Here insert the number of the class (if known). In case of doubt, the Registrar's direction may be obtained. (d) Signature. *The Registrar's direction should be obtained if the class is not known. (a) Here specify the goods (in the class stated) in respect of which the search is to be made. (b) Signature. (c) Address. (a) Here insert full name and address. (b) Signature. (a) Insert words and number identifying the matter or proceeding. (b) Signature. (a) Here insert full name and address. (b) If registration is opposed on the ground that the marks resembles marks already on the register, the numbers of those marks and of the Gazettes in which they have been advertised are to be set out. (c) Signature. (a) Signature. (a) Here insert full name and address. (b) Strike out words here that are not applicable, so as to state one of the cases (1) to (5) only. ( c) Signature. (d) Address. (a) Signature. (a) Signature. (a) Name and address of registered proprietor, or other assignor or transmitter. (b) Full name, trade address and nationality of transferee. ( c) Name of transferee. (d) Description of transferee. (e) Trade or business address of transferee. *Additional numbers may be given in a signed schedule on the back of the Form. (f) Date of acquisition of proprietorship. (g) Full particulars of the instrument of assignment or transmission, if any, or statement of case. (h) Strike out any words not applicable (see rule 45). (i) Signature of assignor or transmitter. (j) Signature of transferee. (a) Here insert full name, trade or business address, nationality and description. *Additional numbers may be given in a signed schedule on the back of the Form. (b) Date of acquisition of proprietorship. ( c) Here insert full particulars of the instrument of assignment or transmission, if any, or statement of case. (d) Strike out any words not applicable (See rule 45). (e) Signature. (a) (1) This paragraph is not required when the declaration is made elsewhere than in Hong Kong. (2) When the declaration is made by a person who does not understand the English language the requirements of the Oaths and Declarations Ordinance (Chapter 11 of the Laws of Hong Kong) must be complied with when the declaration is made in Hong Kong, and if made elsewhere a proper clause must be added. (b) To be signed here by the person making the declaration. ( c) Signature and title of authority before whom the declaration is made. (a) Here insert full name and address of the applicant. (b) Here insert '2', or '4', or '6'. (c) Additional numbers may be given in a signed schedule on the back of the Form. (d) Signature. (a) Here insert the name and trade or business address of the registered proprietor. (b) Here insert the name and trade or business address of the proposed assignee. (c) Signature. (a) Here insert the name and trade or business address of the assignee. (applicant). (b) Here insert the name and trade or business address of the proprietor (assignor). (c) Only those unregistered Trade Marks passing by the one assignment and used in the same business and for the same goods as those for which one or more of the registered marks are registered may be stated here. (d) Signature. (a) Here insert the name and trade or business address of the assignee. (applicant). (b) Here insert: '1', or '2' or '3'. (c) Here insert the name and trade or business address of the proprietor (assignor). (d) Signature. (a) Here specify the goods. Only goods included in one class should be specified. A separate application form is required for each class. (b) Here insert the full name, description and nationality of the applicant. If the applicant is a body corporate, the kind and country of incorporation should be stated. ( c) Here insert full address of the applicant. (d) Signature. (a) Delete whichever is inapplicable. (a) Here insert full name/s and address/es. (b) The grounds should be limited to matters referred to in section 65(5) of the Ordinance. ( c) Signature. (a) Here insert full name of opponent. (b) Here insert full name/s and address/es. (c) Signature. (a) Here insert full name/s and address/es. (b) Signature. (c) Address. (a) Here state name and address of the proprietor(s) as registered. (b) If the same regulations apply to more than one registration, the numbers of all the registrations should be stated. (c) Here state the specifications of the respective registrations. (d) 3 copies should be furnished. (e) Signature. *Additional numbers and specifications may be given in a signed schedule on the back of the Form. (a) Here insert full name/s and address/es. (b) Strike out whichever paragraph is inapplicable. (c) Strike out whichever line is inapplicable. (d) Signature. (a) Here insert full name/s and address/es. *If the fee is left by the proprietor himself, this passage should be struck out. (b) If the fee is not left by the proprietor himself, insert his name and address here. (c) Signature of the person leaving the fee. (d) Address of the person signing. (a) Signature. (b) Address. (a) Signature. (b) Address. (a) Here insert full name and address. (b) Strike out the word/words that is/are not applicable. (c) Signature. (a) Here insert full name and address. (b) Signature. *Additional numbers may be given in a signed schedule on the back of the Form. (a) Strike out one of those words. (b) Strike out whichever is inapplicable. ( c) Signature. (a) Here insert the name of the public authority ordering the change and the date thereof. (b) Signature of the registered proprietor or user as the case may be. (a) Here insert words and reference number identifying the entry or application. (b) Signature. (a) Here insert present name, address and description of registered proprietor or registered user. (b) Strike out words which are inapplicable. *Additional numbers may be given in a signed schedule on the back of the Form. (c) Here state the circumstances under which the change of name took place. (d) Signature. (a) Here insert the trade or business address and description of the applicant/s or his/their firm. (b) Signature. (a) Here insert the trade or business address and description of the applicant/s or his/their firm. (b) Here designate the goods to be struck out. (c) Signature. (a) Here insert the name, trade or business address and description of the registered proprietor. (b) Signature. (a) Here insert the full name and trade or business address of the person making the request. (b) Strike out from the words in italics those that are not applicable and strike out one of the words 'proprietor' or 'user' as the case may be. *Additional numbers may be given in a signed schedule on the back of the Form. (c) Cancel words which are inapplicable. (d) State here the precise entry or changed entry desired. (e) Signature. (a) Here insert the name of the public authority ordering the change, and the date thereof. (b) Signature of the registered proprietor or user, as the case may be. (a) Here state the name/s and address/es of the registered proprietor. (b) Here state the nature of the proceedings, with the names of the parties to them, in which the certificate was given. (c) Signature. (a) Here insert name, trade or business address and description. (b) Here fill in full particulars. (c) Signature. (a) Here state full name and address. (b) Signature. (a) Here insert the name and trade or business address of the registered proprietor (applicant). (b) Cancel the words 'and the specification/s of the registered user/s thereunder' if there are no registered users. (c) Signature. (a) Here insert full name/s and address/es. (b) Signature. *Write distinctly here 'A' or 'B', according to the registration desired. (a) Here specify the goods. Only goods included in one and the same class should be specified. (b) Here insert legibly the full name, description and nationality of the individual, firm or body corporate making the application. The names of all partners in a firm must be given in full. If the applicant is a body corporate, the kind and country of incorporation should be stated. (c) Here insert the full trade or business address of the applicant. (d) Here insert the trading style (if any). (e) To be furnished in duplicate. (f) Signature. (a) Here insert full name/s, trade or business address/es and description of the registered proprietor/s. *Additional numbers may be given in a signed schedule on the back of the Form. (b) Here insert the specification in the register. (c) Here insert the full name, description and nationality of the individual, firm, or body corporate, proposed as registered user. The names of all partners in a firm must be given in full. In the case of a body corporate brief particulars of the kind and country of incorporation should be stated. (d) Here insert the full trade or business address of the proposed registered user. (e) Here insert trading style (if any). (f) Here insert designation of goods (which must be comprised within the specification). (g) Write 'NONE' if there are no conditions or restrictions. (h) Strike out the words that are not applicable. (i) Signatures of registered proprietor and proposed registered user. (a) Here insert the full name, description and trade or business address of the registered proprietor. *Additional numbers may be given in a signed schedule on the back of the Form. (b) Here insert the specification in the register. ( c) Here insert the full name, description and trade or business address of the registered user. (d) Here insert the goods in respect of which the user is registered. (e) Here state in terms the manner in which it is requested that the entry should be varied. (f) Signature. (a) Here insert the full name/s, description/s and trade or business address/es of the applicant or of the applicants. (b) Strike out the words that are not applicable. *Additional numbers may be given in a signed schedule on the back of the Form. (c) Here insert the specification in the register. (d) Here insert the full name, description and trade or business address of the registered user whose entry is sought to be cancelled. (e) Here insert goods in respect of which that registered user is entered. (f) Signature/s. *Additional numbers may be given in a signed schedule on the back of the Form. (a) Here insert the name, trade or business address and description of the registered proprietor as entered in the register. (b) Here insert the name and address of the applicant for cancellation. (c) Here insert the name, trade or business address and description of the registered user as entered in the register. (d) Here insert the goods in respect of which the registered user is entered. (e) Here insert one or more of the subparagraphs or paragraph (c) of section 60(1) number (i), (ii), (iii). (f) Signature. (a) Insert here the name of the registered proprietor. (b) Insert here the name and trade or business address of the registered user. (c) Signature. *The full names of all the partners in a firm must be inserted, and the kind and country of incorporation of bodies corporate stated. (a) Here insert name and address of agent. (b) Here state the particular matter or proceeding for which the agent is appointed, giving the reference number, if known. (c) Here state nationality. (d) To be signed by the person appointing the agent. (e) Here insert the full trade or business address of the person appointing the agent. * ..* These words may be varied to suit other cases. (a) Here set out the particulars which the Registrar is requested to certify. (b) Strike out words that are not applicable. (c) Signature. (d) Address. (a) Here strike out words that are not applicable. (b) Specify document to be inspected. (See rule 108). *To be signed by the person interested or his agent.
Abstract
(a) Here insert full name and address. (b) Here specify the goods. Only goods included in one class should be specified. A separate Form of Request is required for each class. (c) Here insert the number of the class (if known). In case of doubt, the Registrar's direction may be obtained. (d) Signature. *The Registrar's direction should be obtained if the class is not known. (a) Here specify the goods (in the class stated) in respect of which the search is to be made. (b) Signature. (c) Address. (a) Here insert full name and address. (b) Signature. (a) Insert words and number identifying the matter or proceeding. (b) Signature. (a) Here insert full name and address. (b) If registration is opposed on the ground that the marks resembles marks already on the register, the numbers of those marks and of the Gazettes in which they have been advertised are to be set out. (c) Signature. (a) Signature. (a) Here insert full name and address. (b) Strike out words here that are not applicable, so as to state one of the cases (1) to (5) only. ( c) Signature. (d) Address. (a) Signature. (a) Signature. (a) Name and address of registered proprietor, or other assignor or transmitter. (b) Full name, trade address and nationality of transferee. ( c) Name of transferee. (d) Description of transferee. (e) Trade or business address of transferee. *Additional numbers may be given in a signed schedule on the back of the Form. (f) Date of acquisition of proprietorship. (g) Full particulars of the instrument of assignment or transmission, if any, or statement of case. (h) Strike out any words not applicable (see rule 45). (i) Signature of assignor or transmitter. (j) Signature of transferee. (a) Here insert full name, trade or business address, nationality and description. *Additional numbers may be given in a signed schedule on the back of the Form. (b) Date of acquisition of proprietorship. ( c) Here insert full particulars of the instrument of assignment or transmission, if any, or statement of case. (d) Strike out any words not applicable (See rule 45). (e) Signature. (a) (1) This paragraph is not required when the declaration is made elsewhere than in Hong Kong. (2) When the declaration is made by a person who does not understand the English language the requirements of the Oaths and Declarations Ordinance (Chapter 11 of the Laws of Hong Kong) must be complied with when the declaration is made in Hong Kong, and if made elsewhere a proper clause must be added. (b) To be signed here by the person making the declaration. ( c) Signature and title of authority before whom the declaration is made. (a) Here insert full name and address of the applicant. (b) Here insert '2', or '4', or '6'. (c) Additional numbers may be given in a signed schedule on the back of the Form. (d) Signature. (a) Here insert the name and trade or business address of the registered proprietor. (b) Here insert the name and trade or business address of the proposed assignee. (c) Signature. (a) Here insert the name and trade or business address of the assignee. (applicant). (b) Here insert the name and trade or business address of the proprietor (assignor). (c) Only those unregistered Trade Marks passing by the one assignment and used in the same business and for the same goods as those for which one or more of the registered marks are registered may be stated here. (d) Signature. (a) Here insert the name and trade or business address of the assignee. (applicant). (b) Here insert: '1', or '2' or '3'. (c) Here insert the name and trade or business address of the proprietor (assignor). (d) Signature. (a) Here specify the goods. Only goods included in one class should be specified. A separate application form is required for each class. (b) Here insert the full name, description and nationality of the applicant. If the applicant is a body corporate, the kind and country of incorporation should be stated. ( c) Here insert full address of the applicant. (d) Signature. (a) Delete whichever is inapplicable. (a) Here insert full name/s and address/es. (b) The grounds should be limited to matters referred to in section 65(5) of the Ordinance. ( c) Signature. (a) Here insert full name of opponent. (b) Here insert full name/s and address/es. (c) Signature. (a) Here insert full name/s and address/es. (b) Signature. (c) Address. (a) Here state name and address of the proprietor(s) as registered. (b) If the same regulations apply to more than one registration, the numbers of all the registrations should be stated. (c) Here state the specifications of the respective registrations. (d) 3 copies should be furnished. (e) Signature. *Additional numbers and specifications may be given in a signed schedule on the back of the Form. (a) Here insert full name/s and address/es. (b) Strike out whichever paragraph is inapplicable. (c) Strike out whichever line is inapplicable. (d) Signature. (a) Here insert full name/s and address/es. *If the fee is left by the proprietor himself, this passage should be struck out. (b) If the fee is not left by the proprietor himself, insert his name and address here. (c) Signature of the person leaving the fee. (d) Address of the person signing. (a) Signature. (b) Address. (a) Signature. (b) Address. (a) Here insert full name and address. (b) Strike out the word/words that is/are not applicable. (c) Signature. (a) Here insert full name and address. (b) Signature. *Additional numbers may be given in a signed schedule on the back of the Form. (a) Strike out one of those words. (b) Strike out whichever is inapplicable. ( c) Signature. (a) Here insert the name of the public authority ordering the change and the date thereof. (b) Signature of the registered proprietor or user as the case may be. (a) Here insert words and reference number identifying the entry or application. (b) Signature. (a) Here insert present name, address and description of registered proprietor or registered user. (b) Strike out words which are inapplicable. *Additional numbers may be given in a signed schedule on the back of the Form. (c) Here state the circumstances under which the change of name took place. (d) Signature. (a) Here insert the trade or business address and description of the applicant/s or his/their firm. (b) Signature. (a) Here insert the trade or business address and description of the applicant/s or his/their firm. (b) Here designate the goods to be struck out. (c) Signature. (a) Here insert the name, trade or business address and description of the registered proprietor. (b) Signature. (a) Here insert the full name and trade or business address of the person making the request. (b) Strike out from the words in italics those that are not applicable and strike out one of the words 'proprietor' or 'user' as the case may be. *Additional numbers may be given in a signed schedule on the back of the Form. (c) Cancel words which are inapplicable. (d) State here the precise entry or changed entry desired. (e) Signature. (a) Here insert the name of the public authority ordering the change, and the date thereof. (b) Signature of the registered proprietor or user, as the case may be. (a) Here state the name/s and address/es of the registered proprietor. (b) Here state the nature of the proceedings, with the names of the parties to them, in which the certificate was given. (c) Signature. (a) Here insert name, trade or business address and description. (b) Here fill in full particulars. (c) Signature. (a) Here state full name and address. (b) Signature. (a) Here insert the name and trade or business address of the registered proprietor (applicant). (b) Cancel the words 'and the specification/s of the registered user/s thereunder' if there are no registered users. (c) Signature. (a) Here insert full name/s and address/es. (b) Signature. *Write distinctly here 'A' or 'B', according to the registration desired. (a) Here specify the goods. Only goods included in one and the same class should be specified. (b) Here insert legibly the full name, description and nationality of the individual, firm or body corporate making the application. The names of all partners in a firm must be given in full. If the applicant is a body corporate, the kind and country of incorporation should be stated. (c) Here insert the full trade or business address of the applicant. (d) Here insert the trading style (if any). (e) To be furnished in duplicate. (f) Signature. (a) Here insert full name/s, trade or business address/es and description of the registered proprietor/s. *Additional numbers may be given in a signed schedule on the back of the Form. (b) Here insert the specification in the register. (c) Here insert the full name, description and nationality of the individual, firm, or body corporate, proposed as registered user. The names of all partners in a firm must be given in full. In the case of a body corporate brief particulars of the kind and country of incorporation should be stated. (d) Here insert the full trade or business address of the proposed registered user. (e) Here insert trading style (if any). (f) Here insert designation of goods (which must be comprised within the specification). (g) Write 'NONE' if there are no conditions or restrictions. (h) Strike out the words that are not applicable. (i) Signatures of registered proprietor and proposed registered user. (a) Here insert the full name, description and trade or business address of the registered proprietor. *Additional numbers may be given in a signed schedule on the back of the Form. (b) Here insert the specification in the register. ( c) Here insert the full name, description and trade or business address of the registered user. (d) Here insert the goods in respect of which the user is registered. (e) Here state in terms the manner in which it is requested that the entry should be varied. (f) Signature. (a) Here insert the full name/s, description/s and trade or business address/es of the applicant or of the applicants. (b) Strike out the words that are not applicable. *Additional numbers may be given in a signed schedule on the back of the Form. (c) Here insert the specification in the register. (d) Here insert the full name, description and trade or business address of the registered user whose entry is sought to be cancelled. (e) Here insert goods in respect of which that registered user is entered. (f) Signature/s. *Additional numbers may be given in a signed schedule on the back of the Form. (a) Here insert the name, trade or business address and description of the registered proprietor as entered in the register. (b) Here insert the name and address of the applicant for cancellation. (c) Here insert the name, trade or business address and description of the registered user as entered in the register. (d) Here insert the goods in respect of which the registered user is entered. (e) Here insert one or more of the subparagraphs or paragraph (c) of section 60(1) number (i), (ii), (iii). (f) Signature. (a) Insert here the name of the registered proprietor. (b) Insert here the name and trade or business address of the registered user. (c) Signature. *The full names of all the partners in a firm must be inserted, and the kind and country of incorporation of bodies corporate stated. (a) Here insert name and address of agent. (b) Here state the particular matter or proceeding for which the agent is appointed, giving the reference number, if known. (c) Here state nationality. (d) To be signed by the person appointing the agent. (e) Here insert the full trade or business address of the person appointing the agent. *
..* These words may be varied to suit other cases. (a) Here set out the particulars which the Registrar is requested to certify. (b) Strike out words that are not applicable. (c) Signature. (d) Address. (a) Here strike out words that are not applicable. (b) Specify document to be inspected. (See rule 108). *To be signed by the person interested or his agent.
Identifier
https://oelawhk.lib.hku.hk/items/show/2293
Edition
1964
Volume
v5
Subsequent Cap No.
43
Number of Pages
89
Files
Collection
Historical Laws of Hong Kong Online
Citation
“TRADE MARKS RULES,” Historical Laws of Hong Kong Online, accessed April 28, 2025, https://oelawhk.lib.hku.hk/items/show/2293.
