【法规名称】
【法规编号】 82489 什么是编号？
【正 文】
第4页 CAP 559A TRADE MARKS RULES
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[接上页] (a) where the notice sent to the applicant under subrule (4) raises an objection to the registration of the trade mark on any of the grounds mentioned in section 12(1), (2) or (3) of the Ordinance (relative grounds for refusal of registration)- (i) the applicant needs additional time to obtain the consent of the owner of a relevant earlier trade mark; (ii) the applicant needs additional time to obtain an assignment of a relevant earlier trade mark; or (iii) proceedings for the invalidation or revocation of a relevant earlier trade mark are pending and time should be extended to allow for the proceedings to be disposed of;(b) the applicant needs additional time to prepare evidence of use to be filed in support of the application; or (c) other exceptional circumstances exist to justify the granting of an extension of time. (L.N. 97 of 2003) Cap 559A s 14 Prescribed period under section 42(3)(b) of the Ordinance (1) Except as provided in subrules (2) and (3), for the purposes of section 42(3)(b) of the Ordinance (which sets a deadline for meeting the requirements for registration), the prescribed period for an application in relation to which a notice is sent to the applicant under rule 13(1) is the period beginning on the date of the notice and ending 6 months after that date or, where the Registrar has granted an extension of time under rule 13(3), ending 9 months after that date. (2) Subject to subrule (3), where- (a) the Registrar sends a notice to the applicant under rule 13(1); (b) the applicant files written representations or a request for amendment under rule 13(2) within the period specified in that rule or as extended under rule 13(3); and (c) the Registrar sends a notice to the applicant under rule 13(4),the prescribed period for the application is the period beginning on the date of the notice sent to the applicant under rule 13(1) and ending 3 months after the date of the notice sent to the applicant under rule 13(4) or, where the Registrar has granted an extension of time under rule 13(6), ending on the last day of the period as so extended. (L.N. 97 of 2003) (3) Where- (a) the Registrar sends a notice to the applicant under rule 13(4); and (b) the applicant files a request for a hearing within the period specified in rule 13(5) or, where the Registrar has granted an extension of time under rule 13(6), within the period as so extended,the prescribed period for the application is the period beginning on the date of the notice sent to the applicant under rule 13(1) and ending on the last day of the hearing or at such time as the Registrar may decide the matter without a hearing under rule 75. (L.N. 97 of 2003) Cap 559A s 15 Publication of particulars of application (s. 43 of the Ordinance) Where the Registrar accepts an application for registration of a trade mark under section 42 of the Ordinance, he shall publish particulars of the application in the official journal. Cap 559A s 16 Notice of opposition (s. 44 of the Ordinance) (Forms T6 & T13) (Fee Nos. 4 & 29) PART 3 OPPOSITION TO REGISTRATION (1) Notice of opposition to the registration of a trade mark shall be filed on the specified form within the 3-month period beginning on the date on which particulars of the application for registration of the trade mark are published under rule 15. (2) The notice of opposition shall include a statement of the grounds of opposition and, where the opposition is based on an earlier trade mark, shall also include- (a) a representation of that earlier trade mark; (b) if it is registered, a statement indicating the classes and the goods or services in respect of which it is registered; (c) if it is not registered, a statement indicating the goods or services in respect of which it is used; and (d) if it is an earlier trade mark by virtue of section 5(1)(a) or (2) of the Ordinance, a statement indicating the application or registration numbers of the trade mark.(3) The opponent shall, at the same time as he files the notice of opposition, send a copy of it to the applicant. (4) The Registrar may, on a request being filed by any person on the specified form within the period specified in subrule (1), extend the time for filing a notice of opposition or anything referred to in subrule (2) by 2 months, which time may not be further extended. (L.N. 97 of 2003) Cap 559A s 17 Counter-statement (Forms T7 & T13) (Fee No. 29) (1) Within 3 months after the date of receipt of the copy of the notice of opposition, the applicant shall file a counter-statement on the specified form setting out- (a) the grounds on which he relies in support of his application; (b) the facts alleged in the notice of opposition that he admits; (c) the facts alleged in the notice of opposition 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 notice of opposition that he is unable to admit or deny.(2) The applicant shall, at the same time as he files the counter-statement, send a copy of it to the opponent. |
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