【法规名称】
【法规编号】 82489 什么是编号？
【正 文】
第10页 CAP 559A TRADE MARKS RULES
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[接上页] (2) The applicant shall, at the same time as he files the application, send a copy of the application, statement of grounds and evidence filed under rule 48 to the owner. (3) Within 6 months after the date of receipt of the copy of the application, statement of grounds and evidence, the owner shall file a counter-statement on the specified form setting out- (a) the grounds on which he relies in support of his registration; (b) the facts alleged in the application or in the applicant's evidence that he admits; (c) the facts alleged in the application or in the applicant's evidence that he denies and his reasons (and if he intends to put forward an alternative version of events at the hearing, his version of those events); and (d) the facts alleged in the application or in the applicant's evidence that he is unable to admit or deny.(4) The counter-statement shall be accompanied by- (a) evidence in support of the counter-statement; or (b) if the owner does not intend to file evidence, a statement to that effect.(5) The owner shall, at the same time as he files the counter-statement, send a copy of the counter-statement and a copy of the evidence or statement filed under subrule (4) to the applicant. (6) If the owner does not file a counter-statement within the period specified in subrule (3), the Registrar may treat the application for variation or rectification as being unopposed by the owner. (L.N. 97 of 2003) (7) If the owner files evidence within the period specified in subrule (3), the applicant may, within 6 months after the date of receipt of the copy of the owner's evidence, file additional evidence, which evidence shall be confined to matters strictly in reply to the owner's evidence. (8) If the applicant files additional evidence, he shall at the same time send a copy of it to the owner. (9) Except with the leave of the Registrar, no further evidence may be filed by either party. (10) After the completion of the filing of evidence, the Registrar shall fix a date, time and place for the hearing and shall notify the parties in writing accordingly. (11) If the Registrar allows the variation or rectification, he shall publish a notice in the official journal containing the following information- (a) in the case of an application for the variation of the registration of a trade mark, a description of the variation made; and (b) in the case of an application for the rectification of an error or omission in the register, such matters as the Registrar considers necessary to identify the rectification made. Cap 559A s 51 Application for leave to intervene (Form T6) (Fee No. 16) Interventions (1) Any person claiming to have an interest in any proceedings under this Part may file an application on the specified form for leave to intervene, stating the nature of his interest, and the Registrar may refuse such leave or grant leave on such terms (including any undertaking as to costs) as he thinks fit. (2) Any person applying for leave to intervene under this rule shall send a copy of the application to each party to the proceedings. (3) Any person granted leave to intervene shall, subject to any terms imposed by the Registrar, be treated as a party to the proceedings. Cap 559A s 52 Addition of disclaimer, limitation or condition (s. 15 of the Ordinance) PART 7 OTHER PROCEEDINGS AFFECTING REGISTRATION Disclaimers, limitations and conditions (1) The owner of a registered trade mark may by filing a notice in writing- (a) disclaim any right to the exclusive use of any specified element of the trade mark; or (b) agree that the rights conferred by the registration shall be subject to a specified territorial or other limitation or condition.(2) On receipt of a notice under subrule (1), the Registrar shall publish a notice of the disclaimer, limitation or condition in the official journal. (3) The Registrar shall enter in the register the relevant particulars of any disclaimer, limitation or condition notified to him under this rule. Cap 559A s 53 Merger of separate registrations (s. 51(1)(c) of the Ordinance) (Form T4) Merger (1) The owner of 2 or more registrations of a trade mark may file a request on the specified form to merge them into a single registration. (2) The Registrar shall merge the registrations that are the subject of the request into a single registration if he is satisfied that all of the registrations- (a) are in respect of the same trade mark; and (b) provide the same protection under the Ordinance (for example, for protection as a certification mark).(3) A merged registration shall be subject to the same disclaimers, limitations and conditions to which each of the original registrations was subject. (4) Where 2 or more registrations are merged, the Registrar shall enter in the register in relation to the merged registration the same particulars as were registered in relation to each of the original registrations. (5) Where the separate registrations bear different dates of registration, the date of registration of the merged registration shall be the latest of those dates. |
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