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[接上页] Cap 559A s 54 Alteration of registered trade mark (s. 55 of the Ordinance) (Forms T5B & T5S) Alteration (1) A request under section 55 of the Ordinance to alter a registered trade mark shall be filed on the specified form. (2) The Registrar may at any time require the owner of the registered trade mark to file reasons for and evidence in support of the request. (3) Where the Registrar proposes to allow the alteration, he shall publish a notice of the alteration in the official journal, which notice shall include a representation of the trade mark as proposed to be altered in the register. (4) Subject to rule 55, where a request is filed under this rule, the Registrar may- (a) allow the alteration (if he is satisfied that it complies with section 55 of the Ordinance); (b) allow the alteration in part (if he is satisfied that only a part of the alteration complies with section 55 of the Ordinance); or (c) disallow the alteration (if he is satisfied that it does not comply with section 55 of the Ordinance).(5) Where the Registrar allows the alteration in whole or in part, he shall make the appropriate entry in the register. Cap 559A s 55 Notice of objection (s. 55(3)(c) of the Ordinance) (Form T6) (Fee No. 17) (1) Any person claiming to be affected by the proposed alteration may, within 3 months after the date of publication of the notice under rule 54(3), file a notice of objection on the specified form. (2) The notice of objection shall include a statement of the grounds of objection, which statement shall, in particular, explain how the objector would be affected by the alteration if it were made and why in the objector's opinion it would be contrary to section 55 of the Ordinance to allow the alteration. (3) The objector shall, at the same time as he files the notice of objection, send a copy of it to the owner of the registered trade mark in question. Cap 559A s 56 Surrender of registered trade mark (s. 56 of the Ordinance) (Form T9) Surrender (1) The owner of a registered trade mark may surrender the registration of the trade mark by filing a notice of surrender on the specified form. (2) The notice shall- (a) state whether the registration is surrendered in respect of all of the goods or services for which the trade mark is registered or in respect of only certain of those goods or services; (b) where the registration is surrendered in respect of only certain goods or services, specify the goods or services concerned by reference to their class or classes in the International Classification; (c) give the name and address of each other person having a registered interest or any other right in the trade mark; and (d) certify, in respect of every such person, that the person- (i) has been sent not less than 3 months' notice of the owner's intention to surrender the registration; or (ii) is not affected or, if affected, consents to the surrender. Cap 559A s 57 Effect and publication of surrender (s. 56 of the Ordinance) (1) A surrender of the registration of a trade mark has the same effect in respect of the goods or services for which the registration is surrendered as the registration of the trade mark ceasing to have effect in respect of those goods or services. (2) A surrender takes effect on the date of receipt by the Registrar of a notice that complies with rule 56. (3) The Registrar shall, on a surrender taking effect, make the appropriate entry in the register and publish a notice of the surrender in the official journal. Cap 559A s 58 Registrar may amend entries in the register (s. 58(1) & (2) of the Ordinance) Change of classification of goods or services Subject to rules 59, 60 and 61 and section 58(5) of the Ordinance (which limits the Registrar's power to amend entries in the register), the Registrar may in order to- (a) reclassify the specification of a registered trade mark that is not founded on the classifications of the International Classification to one that is founded on such classifications; or (b) implement any amendment to, or substitution for, the classifications of the International Classification,make such amendments to the entries in the register as he considers necessary for the purposes of reclassifying the specification of any registered trade mark. Cap 559A s 59 Notice to owner of trade mark (s. 58(3)(a) & (c) of the Ordinance) (1) The Registrar shall, before he amends any entry in the register under rule 58, send to the owner of the registered trade mark in question a notice informing him of the proposals for amendment. (2) The notice shall include a statement informing the owner that- (a) he may file written objections to the proposals, within 3 months after the date of the notice, stating the grounds of his objections; and (b) if no written objections are filed within the period specified in paragraph (a), the Registrar will publish the proposals in the official journal and the owner will not be entitled to make any objections to the proposals upon such publication. |