【法规名称】
【法规编号】 82489 什么是编号？
【正 文】
第3页 CAP 559A TRADE MARKS RULES
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[接上页] (3) The Registrar may at any time by notice in writing require the applicant to file a certificate issued by the registering or other competent authority of the country, territory or area in respect of which any right to priority is claimed that certifies, or establishes to the satisfaction of the Registrar- (a) the date of filing of the application filed in, or in respect of, that country, territory or area; (b) the application number assigned to that application; (c) the representation of the trade mark; and (d) the goods or services covered by that application.(4) Where the Registrar issues a notice under subrule (2) or (3), the claim to a right to priority shall be lost for the application if the application number or certificate, as the case may be, is not filed within 3 months after the date of the notice. Cap 559A s 10 Disclaimers, limitations and conditions (s. 15 of the Ordinance) An applicant who wishes to- (a) disclaim any right to the exclusive use of any specified element of the trade mark; or (b) subject the rights to be conferred by the registration to a specified territorial or other limitation or condition,shall include particulars of the disclaimer, limitation or condition in his application. Cap 559A s 11 Deficiencies in application (1) If it appears to the Registrar that an application for registration of a trade mark does not satisfy the requirements of- (a) rule 6(1), 7(1) or (2) or 8(1); or (b) section 38 of the Ordinance (which sets out requirements relating to applications),the Registrar shall send a notice to the applicant informing him of the deficiencies and requesting him to remedy those deficiencies. (2) An applicant to whom a notice is sent under this rule must remedy the deficiencies within 2 months after the date of the notice, and if he fails to do so- (a) where the deficiencies relate to rule 6(1), 7(1) or (2) or 8(1) or section 38(1), (2)(e), (3), (4) or (5) of the Ordinance, the application shall be treated as abandoned; and (b) where the deficiencies relate to section 38(2)(a), (b), (c) or (d) of the Ordinance, the application shall be deemed never to have been made. Cap 559A s 12 Examination of application (s. 42(1) of the Ordinance) Examination and publication The Registrar shall examine whether an application for registration of a trade mark filed under these Rules, and in respect of which any deficiencies notified to the applicant under rule 11 have been remedied, satisfies the requirements for registration. Cap 559A s 13 Failure to meet requirements for registration (s. 42(3) of the Ordinance) (Form T13) (Fee No. 3) (1) If, on the basis of the examination of an application under rule 12, it appears to the Registrar that the requirements for registration are not met, he shall by notice in writing inform the applicant of the Registrar's opinion and of the matters referred to in section 42(3)(b) and (c) of the Ordinance. (2) The applicant may, at any time during the period beginning on the date of the notice and ending 6 months after that date, do either or both of the following- (L.N. 97 of 2003) (a) file written representations to establish that the requirements for registration are met; or (b) file a request under section 46 of the Ordinance to amend his application so as to meet those requirements (see rule 24).(3) The Registrar may, on a request being filed by the applicant on the specified form within the period specified in subrule (2), extend the time for filing the written representations or request referred to in that subrule for one further period of 3 months. (L.N. 97 of 2003) (4) If- (a) the applicant files written representations or a request for amendment under subrule (2) within the period specified in that subrule or, where the Registrar has granted an extension of time under subrule (3), within the period as so extended; and (b) it appears to the Registrar, after considering the representations or request for amendment, that the application, or the application as amended or proposed to be amended, does not meet the requirements for registration,the Registrar shall inform the applicant of his opinion by notice in writing. (L.N. 97 of 2003) (5) Where a notice is sent to the applicant under subrule (4), the applicant may, at any time during the period beginning on the date of the notice and ending 3 months after that date, do any or all of the following- (a) file written representations or further written representations to establish that the requirements for registration are met; (b) file a request or a further request under section 46 of the Ordinance to amend his application so as to meet those requirements (see rule 24); or (c) file a request for a hearing. (L.N. 97 of 2003)(6) The Registrar may, on a request being filed by the applicant on the specified form within the period specified in subrule (5) or, where the Registrar has previously granted an extension of time under this subrule, within the period as so extended, extend the time for filing written representations or a request under subrule (5) for such period or periods, not exceeding 3 months at any one time, and on such terms, if any, as he may direct, if he is satisfied that- |
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