【法规名称】
【法规编号】 82489 什么是编号？
【正 文】
第2页 CAP 559A TRADE MARKS RULES
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[接上页] (4) Where the Registrar is required or authorized by any provision of these Rules to do any act or thing in relation to a matter or proceeding for which a fee is required to be paid, the Registrar may, notwithstanding that provision, refuse to do that act or thing until such time as the fee is paid. (5) Where a fee is paid in error or in excess of the amount specified in the Schedule, the Registrar shall repay the amount paid in error or the excess amount accordingly. Cap 559A s 5 Classification of goods and services (s. 40 of the Ordinance) (1) Subject to subrule (3), for the purposes of trade marks registered on or after the commencement date, the goods or services in respect of which a trade mark is registered shall be classified in accordance with the classifications of the International Classification in force on the date of registration. (2) Subject to subrule (3), for the purposes of existing registered marks, the goods or services in respect of which a trade mark is registered shall be classified in the same manner as they were classified immediately before the commencement date. (3) The specification of a registered trade mark may be reclassified in accordance with rules 58, 59, 60 and 61. Cap 559A s 6 Form of application, etc. (s. 38 of the Ordinance) (Forms T2, T2A & T2S) (Fee No. 1) PART 2 APPLICATION FOR REGISTRATION Filing of application (1) An application for registration of a trade mark shall be filed on the specified form. (2) An application for registration of a 3-dimensional shape as a trade mark or as an element of a trade mark shall not be treated as such unless the application contains a statement claiming the shape as the trade mark or as an element of the trade mark, as the case may be. (3) An application for registration of a colour or colours as a trade mark, or as an element or elements of a trade mark, shall not be treated as such unless- (a) the application contains a statement claiming the colour or colours as the trade mark, or as an element or elements of the trade mark, as the case may be; and (b) the trade mark, or the element or elements of the trade mark, as the case may be, appear in the representation of the trade mark included with the application in the colour or colours for which the claim is made. Cap 559A s 7 Specification of goods or services (ss. 38(2)(c) & 40 of the Ordinance) (Form T5A) (Fee No. 2) (1) Every application for registration of a trade mark shall specify the class or classes of goods or services in the International Classification to which the application relates. (2) The specification shall include for each class of goods or services set out in the specification a clear and concise description, appropriate to that class, of the goods or services in respect of which the trade mark is proposed to be registered. (3) If the application relates to more than one class of goods or services in the International Classification, the specification shall set out the classes in consecutive numerical order. (4) If the trade mark is proposed to be registered in respect of all the goods or services in a particular class, or in respect of a large variety of goods or services, the Registrar may refuse to accept the application unless he is satisfied that the specification is justified by the use the applicant has made of the trade mark or by the use he intends to make of the trade mark if it is registered. (5) If the specification lists goods or services by reference to a class or classes in the International Classification under which the goods or services do not fall, the applicant may file a request under section 46 of the Ordinance to amend the application to correct the class or classes accordingly (see rule 24). (6) Subject to rule 24, on receipt of a request under subrule (5) and payment of the applicable fee, the Registrar shall amend the application accordingly. (7) Subrule (4) does not apply to an application for the registration of a trade mark as a defensive trade mark. Cap 559A s 8 Representation of trade mark (s. 38(2)(d) of the Ordinance) (1) The representation included with an application for registration of a trade mark shall depict the trade mark clearly and in sufficient detail to permit a proper examination to be made of the trade mark and shall be of a kind and quality that is suitable for reproduction and registration. (2) The Registrar may at any time require the applicant to file additional copies of the representation. Cap 559A s 9 Claim to priority (s. 41 of the Ordinance) (1) Where an applicant wishes to claim a right to priority under section 41 of the Ordinance, the application filed under these Rules shall include the following particulars- (a) the name of each country, territory or area in respect of which a right to priority is claimed; (b) the date of filing of the application filed in, or in respect of, each such country, territory or area; and (c) the application number assigned to that application, if it is known to the applicant.(2) If the application filed under these Rules does not include the application number assigned to the previous application as required by subrule (1)(c), the Registrar may at any time by notice in writing require the applicant to file that application number. |
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