【法规名称】
【法规编号】 82489 什么是编号？
【正 文】
第5页 CAP 559A TRADE MARKS RULES
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[接上页] (3) The Registrar may, on a request being filed by the applicant on the specified form within the period specified in subrule (1), extend the time for filing a counter-statement by 2 months, which time may not be further extended. (L.N. 97 of 2003) (4) If the applicant does not file a counter-statement within the period specified in subrule (1) or as extended under subrule (3), he shall be deemed to have withdrawn his application. (L.N. 97 of 2003) Cap 559A s 18 Evidence in support of opposition (1) If the applicant files a counter-statement within the period specified in rule 17(1) or as extended under rule 17(3), the opponent shall file evidence in support of his opposition within 6 months after the date of receipt of the copy of the counter-statement. (L.N. 97 of 2003) (2) The opponent shall, at the same time as he files the evidence, send a copy of it to the applicant. (3) If the opponent does not file evidence within the period specified in subrule (1), he shall be deemed to have abandoned his opposition. Cap 559A s 19 Evidence in support of application (1) If the opponent files evidence within the period specified in rule 18(1), then within 6 months after the date of receipt of the copy of the opponent's evidence, the applicant shall file- (a) evidence in support of his application; or (b) a statement to the effect that he does not intend to file evidence.(2) The applicant shall, at the same time as he files the evidence or statement under subrule (1), send a copy of it to the opponent. Cap 559A s 20 Evidence in reply (1) If the applicant files evidence within the period specified in rule 19(1), the opponent may, within 6 months after the date of receipt of the copy of the applicant's evidence, file additional evidence, which evidence shall be confined to matters strictly in reply to the applicant's evidence. (2) If the opponent files additional evidence, he shall at the same time send a copy of it to the applicant. (3) Except with the leave of the Registrar, no further evidence may be filed by either party. Cap 559A s 21 Fixing of date for hearing After the completion of the filing of evidence, the Registrar shall fix a date, time and place for the hearing and shall notify the parties in writing accordingly. Cap 559A s 22 Notice of withdrawal of application (s. 45 of the Ordinance) PART 4 WITHDRAWAL, AMENDMENT, DIVISION AND MERGER OF APPLICATIONS FOR REGISTRATION Withdrawal (1) An applicant for registration of a trade mark may withdraw his application by notifying the Registrar in writing. (2) The withdrawal takes effect on receipt of the notice by the Registrar. (3) If particulars of the application have been published under rule 15, the Registrar shall publish particulars of the withdrawal in the official journal. Cap 559A s 23 Additional purposes for which application may be amended (s. 46(3)(b) of the Ordinance) Amendment In addition to the purposes mentioned in section 46 of the Ordinance, an application for registration of a trade mark may be amended for the purpose of- (a) correcting under rule 7(5) and (6) the class or classes of goods or services listed in the specification; (b) adding a disclaimer, limitation or condition under section 15 of the Ordinance; or (c) withdrawing a claim to a right to priority made under section 41 of the Ordinance. Cap 559A s 24 Request to amend application (s. 46 of the Ordinance) (Forms T5, T5A, T5B & T5S) (1) A request under section 46 of the Ordinance to amend an application for registration of a trade mark shall be filed on the specified form. (2) The Registrar may at any time require the applicant to file reasons for and evidence in support of the request. (3) Subject to rules 25 and 26, where a request is filed under this rule, the Registrar may- (a) amend the application as proposed by the applicant (if he is satisfied that the proposed amendment complies with section 46 of the Ordinance); (b) amend the application in such manner as he thinks fit (if he is satisfied that only a part of the proposed amendment complies with section 46 of the Ordinance); or (c) refuse to make the amendment (if he is satisfied that the proposed amendment does not comply with section 46 of the Ordinance). Cap 559A s 25 Publication of proposed amendment (s. 46(5)(a) of the Ordinance) Where a request is made under section 46 of the Ordinance to amend an application for registration of a trade mark after particulars of that application have been published under rule 15, the Registrar shall, if he is satisfied that the proposed amendment affects the representation of the trade mark or the goods or services covered by the application, publish particulars of the proposed amendment in the official journal. Cap 559A s 26 Notice of objection (s. 46(5)(b) of the Ordinance) (Form T6) (Fee No. 5) (1) This rule applies where particulars of a proposed amendment to an application for registration of a trade mark have been published under rule 25. |
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