【法规名称】
【法规编号】 82489 什么是编号？
【正 文】
第12页 CAP 559A TRADE MARKS RULES
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[接上页] Cap 559A s 60 Publication of proposals (s. 58(3)(b) of the Ordinance) (1) If the owner of a registered trade mark to whom a notice is sent under rule 59 does not file written objections within the period specified in rule 59(2)(a), or at any time before the expiry of that period files written notice of his intention not to make any objections, the Registrar shall as soon as practicable after the expiry of that period or receipt of that notice, as the case may be, publish the proposals for amendment in the official journal. (2) If the owner files written objections within the period specified in rule 59(2)(a), the Registrar shall consider the objections and shall either abandon the proposals (if he is satisfied that the objections have merit) or, where he has amended the proposals, publish the proposals, as amended, in the official journal. Cap 559A s 61 Notice of opposition (s. 58(3)(d) of the Ordinance) (Form T6) (Fee No. 18) (1) Where the Registrar publishes proposals for amendment under rule 60(1) or (2), any person claiming to be affected may, within 3 months after the date of publication of the proposals, file a notice of opposition on the specified form. (2) The notice of opposition shall include a statement of the grounds of opposition, which statement shall, in particular, explain how the opponent would be affected by the amendments if they were made and why in the opponent's opinion it would be contrary to section 58(5) of the Ordinance to make the amendments. (3) The opponent shall, at the same time as he files the notice of opposition, send a copy of it to the owner of the registered trade mark in question. (4) The Registrar may require or admit evidence directed to the questions in issue. (5) If no notice of opposition is filed within the period specified in subrule (1), or where any opposition has been determined against the opponent, the Registrar shall make the amendments as proposed and shall enter in the register the date on which they were made. Cap 559A s 62 Application or notice to register registrable transaction (ss. 29 & 31(3) of the Ordinance) (Forms T10 & T11) (Fee No. 19) PART 8 REGISTRABLE TRANSACTIONS (1) An application under section 29 of the Ordinance to register particulars of a registrable transaction relating to a registered trade mark, or a notice under sections 29 and 31(3) of the Ordinance to register particulars of a registrable transaction relating to an application for registration of a trade mark, shall be filed on the specified form. (2) Where the registrable transaction is an assignment, the application or notice shall either be signed by or on behalf of the parties to the assignment or be accompanied by such documentary evidence as suffices to establish the assignment. (3) Where the registrable transaction relates to the grant of a licence or security interest, the application or notice shall either be signed by or on behalf of the grantor or be accompanied by such documentary evidence as suffices to establish the transaction. (4) Where the registrable transaction relates to the making by personal representatives of an assent, the application or notice shall either be signed by or on behalf of both the personal representative and the beneficiary or be accompanied by such documentary evidence as suffices to establish the transaction. (5) Where the registrable transaction relates to an order of a court or an authority recognized by the Registrar as a competent authority, the application or notice shall be accompanied by such documentary evidence as suffices to establish the transaction. Cap 559A s 63 Entry in the register of particulars of registrable transaction (ss. 29 & 31(3) of the Ordinance) (1) The particulars that shall be entered in the register in connection with a registrable transaction relating to a registered trade mark or an application for registration of a trade mark are- (a) in the case of an assignment of the trade mark or application- (i) the name and address of the assignee; and (ii) the date of the assignment;(b) in the case of an assignment of any right in the trade mark or application- (i) the name and address of the assignee; (ii) the date of the assignment; and (iii) a description of the right assigned;(c) in the case of a grant of a licence under the trade mark or application- (i) the name and address of the licensee; (ii) where the licence is an exclusive licence, that fact; (iii) where the licence is limited, a description of the limitation; and (iv) where the licence is for a fixed period or the duration of the licence is ascertainable as a fixed period, the period of the licence;(d) in the case of the grant of any security interest over the trade mark or application, or over any right in or under the trade mark or application- (i) the name and address of the grantee; (ii) the nature of the interest (whether fixed or floating); and (iii) the extent of the security and the right in or under the trade mark or application that is secured;(e) in the case of the making by personal representatives of an assent in relation to the trade mark or application, or in relation to any right in or under the trade mark or application- |
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