【法规名称】
【法规编号】 82489 什么是编号？
【正 文】
第6页 CAP 559A TRADE MARKS RULES
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[接上页] (2) Any person claiming to be affected by the proposed amendment may, within 3 months after the date of publication of the particulars, file a notice of objection on the specified form. (3) The notice of objection shall include a statement of the grounds of objection, which statement shall, in particular, explain how the objector would be affected by the amendment if it were made and why in the objector's opinion it would be contrary to section 46 of the Ordinance to make the amendment. (4) The objector shall, at the same time as he files the notice of objection, send a copy of it to the applicant. Cap 559A s 27 Request to divide application (s. 51(1)(a) of the Ordinance) (Form T3) (Fee No. 6) Division (1) At any time after an application for registration of a trade mark is assigned a filing date under section 39 of the Ordinance and before the registration of the trade mark, the applicant may file a request on the specified form to divide the application (the "original application") into 2 or more separate applications (the "divisional applications"), indicating for each divisional application the specification of goods or services to be covered by that application. (2) Each divisional application must claim the same protection under the Ordinance as the original application (for example, for protection as a defensive trade mark). (3) On the division of the original application, each divisional application shall be treated as a separate application for registration with the same filing date as the original application. (4) On the division of the original application, any notice of opposition filed under rule 16 or notice of objection filed under rule 26 in relation to the original application shall- (a) where the notice of opposition or notice of objection relates only to some of the goods or services covered by the original application, be treated as having been filed in relation to each divisional application the specification of which covers any of those goods or services; and (b) in any other case, be treated as having been filed in relation to each of the divisional applications,and the proceedings on the opposition or objection shall continue accordingly. (5) On the division of an original application in relation to which a notice or request relating to the grant of a licence or a security interest or any right in or under the original application has been filed under rule 62 or 64, the notice or request shall- (a) where the notice or request relates only to some of the goods or services covered by the original application, be treated as having been filed in relation to each divisional application the specification of which covers any of those goods or services; and (b) in any other case, be treated as having been filed in relation to each of the divisional applications. Cap 559A s 28 Request to merge applications (s. 51(1)(b) of the Ordinance) (Form T4) Merger (1) An applicant who has filed separate applications for registration of a trade mark may, at any time before particulars of any of those applications have been published under rule 15, file a request on the specified form to merge those applications into a single application. (2) The Registrar shall merge the applications that are the subject of the request into a single application if he is satisfied that all of the applications- (a) are in respect of the same trade mark; (b) claim the same protection under the Ordinance (for example, for protection as a collective mark); (c) bear the same filing date; and (d) are, at the time of the request, in the name of the same person. Cap 559A s 29 Registration (s. 47(1) of the Ordinance) PART 5 REGISTRATION (1) The Registrar shall register a trade mark under section 47(1) of the Ordinance by entering a representation of the trade mark in the register together with the following particulars- (a) the date of registration as determined in accordance with section 48 of the Ordinance, that is to say, the filing date of the application for registration; (b) the actual date of registration, that is to say, the date of the entry in the register of the particulars required to be entered under this rule; (c) the date of priority, if any, claimed under section 41 of the Ordinance; (d) the name and address of the owner; (e) the address for service of the owner; (f) the classes and description of goods or services in the International Classification in respect of which the trade mark is registered; (g) any disclaimer, limitation or condition to which the registration is subject; (h) where the trade mark or any element of the trade mark consists of a 3-dimensional shape for which a claim has been made in accordance with rule 6(2), that fact; (i) where the trade mark or any element or elements of the trade mark consists of a colour or colours for which a claim has been made in accordance with rule 6(3), that fact and the colour or colours so claimed; (j) where the trade mark consists wholly or in part of a sound or smell, that fact; |
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