TRADE MARKS (EMERGENCY) RULES

TRADE MARKS (EMERGENCY) RULES

[Subsidiary]

TRADE MARKS (EMERGENCY) RULES

ARRANGEMENT OF RULES

Rule Page

1. Citation ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 2

2. Interpretation ... . ... ... ... 1.1 ... ... ... ... .1 . ... ... . A 2

3. Fees . ... ... ... ... ... ... ... ... ... ... ... . 1. ... ... A 2

4. Forms . ... ... ... ... ... ... ... ... . . ... ... ... ... ... ... A 2

5. Documents ... ... ... ... ... ... ... ... . ... ... ... ... ... ... A 2

6. Agency ... ... ... ... ... ... ... ... ... ... ... . ... ... ... A 3

7. Applications under the Ordinance... ... ... ... ... ... ... ... ... A 3

8. Evidence and statement of applicant's request ... ... ... ... . ... ... ... A 3

9. Copies to accompany application ... ... ... ...
A3

10. Opposition ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A4

11. Grant of registration of trade mark under section 4 where here registration fee
has not

been paid ... ... ... ... ... ... . ... ... ... ... ... ... A4
First Schedule. Fees ... ... ... A5

Second Schedule. Forms ... ... ... ... ... ... . ... ... ... ... ... . A 5





TRADE MARKS (EMERGENCY) RULES

(Cap. 263, section 8)

[19 April 1940.1

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

2. (1) In these rules, unless the context otherwise requires-

'person' includes any Government Department;

'Ordinance' means the Trade Marks (Emergency) Ordinance;

'Registry' means the Trade Marks Registry, Hong Kong.

(2) The Interpretation and General Clauses Ordinance shall
apply to the interpretation of these rules as it applies to the
interpretation of an Ordinance.

3. The fees to be paid on applications and oppositions under
these rules shall be those specified in the First Schedule.

4. The Forms hereinafter referred to are those contained in
the Second Schedule.

5. (1) All documents and copies of documents sent to or left
at the Registry or otherwise furnished to the Registrar shall conform
to the requirements of rule 95 of the Trade Marks Rules.

(2) Any application, notice or other documents authorized
or required to be left. made, or given at the Registry, or to the
Registrar, or to any other person under the Ordinance or these
rules, may be sent by a prepaid letter through the post, and if so
sent shall be deemed to have been left, made, or given at the time
when the letter containing the same would be delivered in the
ordinary course of post. In proving such sending, it shall be
sufficient to prove that the letter was properly addressed and put
into the post.

(3) Any written communication addressed to the registered
proprietor of a trade mark or other person at his address for service
in Hong Kong furnished in connexion with the registration or at his
address in non-enemy territory as it appears on the register of trade
marks, or to any applicant or opponent in any proceedings under
the Ordinance or these rules at the address appearing on the
application or notice of opposition or given for service as hereinafter
provided, shall be deemed to be properly addressed.

Note: The references in the margin.---RV. etc., are to the English Patents,
Designs. Copyright and Trade Marks (Emergency) Rules 1939.





6. (1) All communications to the Registrar under the Ordinance and
these rules (except the applications set out in rule 7) may be signed by,
and all attendances upon the Registrar may be made by or through, an
agent duly authorized to the satisfaction of the Registrar, and resident
or having a place of business in Hong Kong. Service upon such an
agent of any document relating to the proceeding or matter in which he
is authorized shall be deemed to be service upon the person so
appointing him, and all communications directed to be made to such
person in respect of the proceeding or matter may be addressed to such
agent. In any particular case the Registrar may, if he thinks fit, require
the personal signature or presence of an applicant, opponent. or other
person.

(2) The Registrar shall not be bound to recognize as such agent. or
to receive communications in respect of any business under the
Ordinance from, any person whom he is not bound to recognize as an
agent under rule 102 of the Trade Marks Rules.

7. (1) An application under section 3 of the Ordinance for an order
for the suspension of rights in connexion with a trade mark shall be
made on and in accordance with Form 1.

(2) An application for the revocation or variation of an order
suspending rights in connexion with a trade mark under section 3 shall
be made on and In accordance with Form 2. and shall state the
applicant's reasons for his request.

8. An application made as prescribed in rule 7 shall, where
necessary, be accompanied by evidence, in the form of or covered by a
statutory declaration, showing that any conditions laid down by. or
requirements of, the Ordinance in connexion with the application in
question are satisfied. Where a licence, or the variation of a licence, is
asked for, the application shall be accompanied by a statement setting
out the principal conditions upon which the applicant desires a licence
to be granted, or the variations which he desires shall be made in any
conditions of the licence, as the case may be.

9. An application as aforesaid shall be accompanied by a copy
thereof and by a copy of any evidence or statement accompanying it. A
copy of the application and of any such evidence or statement shall,
unless, having regard to the circumstances, the Registrar considers it
inexpedient (as to the whole or a part of those documents) or
impossible, be sent by the Registrar to the registered proprietor of the
trade mark at his address for service in Hong Kong, or at any other
address that may appear to the Registrar to be proper., to any other
person whose name, with an address in Hong Kong, appears upon the
relevant Registrar to indicate that he has an interest in the trade mark in
question, and to any other person





who may appear to the Registrar to be sufficiently interested in the
matter.

10. If any person to whom copies are sent under rule 9, or any other
person who may be considered by the Registrar to be sufficiently
interested in the matter, intends to oppose the application, he shall.
within 14 days of the dispatch of such copies, or such further time, not
exceeding 14 days or in exceptional circumstances 28 days, as the
Registrar may, on good reason being shown, and whether or not the
time extended had expired before the request for extension was made,
allow, give notice of his opposition on and in accordance with Form 3,
setting out the grounds upon which he opposes the application. Such
notice shall be accompanied by a copy thereof. and there may be filed
therewith, in duplicate, any relevant evidence that the opponent desires
to furnish. A copy of the notice and of any evidence accompanying it
shall be sent by the Registrar to the applicant. No further evidence shall
be filed by any party except by leave. or on requisition, of the Registrar.
After such last-mentioned copies have been so sent. or if no notice of
opposition is given, the Registrar shall in due course appoint a hearing
unless, having regard to the circumstances, he considers it inexpedient
or impossible so to do, or the parties have stated that they do not desire
to be beard. The Registrar shall give all the parties at least 10 days'
notice of such hearing unless in any case the parties agree to accept
shorter notice or the Registrar for any special reason otherwise directs.
At any such hearing. the applicant. and any person who has given
notice of opposition as aforesaid. may appear and be heard:

Provided that. in any case in which it is proved to the satisfaction
of the Registrar that it is desirable in the public interest that any order to
be made upon an application as aforesaid should be made at an early
date. he may consider the application and. if he decides to make an order
thereon, make the order as soon as may be. without giving opportunity
for the filing of a notice of opposition to the application and without
considering any such notice that may have been filed or hearing any
person who may have filed such a notice.

11. Where an application has been made for the registration of a
trade mark which, if granted, would satisfy the conditions of section 3(1)
of the Ordinance as regards the name of the person in which the trade
mark would be registered, or as to its proprietorship. and the application
is in order for the registration of the trade mark except that the
registration fee has not been paid, then, any person who proposes to
apply under section 3 of the Ordinance for the suspension of rights in
connexion with the trade mark when registered. may pay the registration
fee, and the Registrar may thereupon register the trade mark in
accordance with section 4 of the Ordinance.













SECOND SCHEDULE [r. 4.]

FORM 1

TRADE MARKS (EMERGENCY)
ORDINANCE
(Chapter 263)

(To be accompanied by a copy and (where necessary) by evidence and a
statement, as in rules 8 and 9. and copies thereof).

Application fin. Suspension of rights in connexion with a

(a) 1 (or We) ....................................................................
.........

hereby apply, under section 3 of the Ordinance for an order that the rights in

connexion with the trade mark registered in Class ..................

under No ........ and standing in the name of ...................

of ................................................................
..................................................

be suspended for years to the following extent-(b)

(c) I (or We) propose to deal in the course of trade with

... ......................under the description

or reference
...............................................................................

MY (or Our) address for service in Hong Kong is-

Dated this ..day of 19
.............(d)

To the REGISTRAR OF TRADE MARKS,

Trade Marks Registry. Hong Kong.





FORM 2

TRADE MARKS (EMERGENCY) ORDINANCE
(Chapter 263)

Application for re vocation or variation of Registrar's Order.

.(a) I (or We)
.............................................................................................
......... 1

hereby request that the Order of the Registrar dated the ............................

day of ........................................ 19 made under section 3 of the
Ordinance

suspending rights in connexion with Registered Trade Mark No. (b) ........................

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

in favour of
.............................................................................................
may be revoked (c) (or may be varied in the following manner . ...............................

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

My (or Our) reasons for making this request are as follows.........................

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

My (or Our) address for service ice in Hong Kong is

Dated this ............... day of 19

(d).................. ......

To the REGISTRAR OF TRA13F MARKS.

Trade Marks Registry., Hong Kong.

FORM 3

TRADE MARKS (EMERGENCY) ORDINANCE
(Chapter 263)

(To be accompanied by a copy and (where necessary) by evidence in duplicate
as in rule 10).

Opposition to
Application.

(a) I (or We) ..................................................

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





hereby give Notice of Opposition to the Application made by ...................

...................... of

.......... ...........on the ....... day

of ....19 .for (b) ...................

upon the grounds (c)
................................................................................
..

My (or Our) address for service in Hong Kong is-

Dated this ...............day of 19

(d).....................
.

To the REGISTRAR OF TRADE MARKS,

Trade Marks Registry. Hong Kong.
G.N. 422/40. G.N. 1346/41. Citation. R 1.* Interpretation. R 2. (Cap. 263.) (Cap. 1.) Fees. R 3. Forms. R 4. Documents; R 5(1). (Cap. 43, sub. leg.) leaving and serving documents R 5(2). Agency. R 6. (Cap. 43, sub. leg.) Applications under the Ordinance. R 7(3). Form 1. Form 2. Evidence and statement of applicant's request. R 8. Copies to accompany application. R 9. G.N. 1346/41. Opposition; R 10. Form 3. Hearing R 10. Grant of registration of trade mark under section 4 where registration fee has not been paid. R 11. (a) Here insert (in full) name, address, calling and nationality of person or persons applying. (b) Here insert particulars of the suspension desired. (c) Here insert particulars of the article or substance with which the applicant proposes to deal and the description or reference which he proposes to use in connexion with it. (d) To be signed by the applicant or applicants. (a) Here insert (in full) name, address, calling and nationality of person or persons applying. (b) Here insert number of trade mark. (c) Cancel the words not applicable. (d) To be signed by the applicant or applicants for revocation or variation. (a) Here insert (in full) name, address, calling and nationality of the opponent or opponents. (b) Here insert particulars of the Application opposed. (c) Here state the grounds upon which the Application is opposed. (d) To be signed by the opponent or opponents, or his or their duly authorized agent.

G.N. 422/40. G.N. 1346/41. Citation. R 1.* Interpretation. R 2. (Cap. 263.) (Cap. 1.) Fees. R 3. Forms. R 4. Documents; R 5(1). (Cap. 43, sub. leg.) leaving and serving documents R 5(2). Agency. R 6. (Cap. 43, sub. leg.) Applications under the Ordinance. R 7(3). Form 1. Form 2. Evidence and statement of applicant's request. R 8. Copies to accompany application. R 9. G.N. 1346/41. Opposition; R 10. Form 3. Hearing R 10. Grant of registration of trade mark under section 4 where registration fee has not been paid. R 11. (a) Here insert (in full) name, address, calling and nationality of person or persons applying. (b) Here insert particulars of the suspension desired. (c) Here insert particulars of the article or substance with which the applicant proposes to deal and the description or reference which he proposes to use in connexion with it. (d) To be signed by the applicant or applicants. (a) Here insert (in full) name, address, calling and nationality of person or persons applying. (b) Here insert number of trade mark. (c) Cancel the words not applicable. (d) To be signed by the applicant or applicants for revocation or variation. (a) Here insert (in full) name, address, calling and nationality of the opponent or opponents. (b) Here insert particulars of the Application opposed. (c) Here state the grounds upon which the Application is opposed. (d) To be signed by the opponent or opponents, or his or their duly authorized agent.

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