【法规名称】
【法规编号】 82489 什么是编号？
【正 文】
第8页 CAP 559A TRADE MARKS RULES
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[接上页] Cap 559A s 36 Application for revocation (s. 52(2)(a) of the Ordinance) (Form T6) (Fee No. 11) PART 6 PROCEEDINGS TO REVOKE, INVALIDATE, VARY OR RECTIFY REGISTRATION Procedure for revocation on grounds of non-use (1) An application for the revocation of the registration of a trade mark on the grounds mentioned in section 52(2)(a) of the Ordinance shall be filed on the specified form. (2) The application shall be accompanied by a statement of the grounds on which the application is made and evidence in support of the application. (3) The applicant shall, at the same time as he files the application, send a copy of the application, statement of grounds and evidence to the owner of the registered trade mark in question. Cap 559A s 37 Counter-statement (Form T7) (1) Within 6 months after the date of receipt of the copy of the application, statement of grounds and evidence, the owner shall file a counter-statement on the specified form setting out- (a) the grounds on which he relies in support of his registration; (b) the facts alleged in the application that he admits; (c) the facts alleged in the application 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 application that he is unable to admit or deny.(2) The counter-statement shall be accompanied by- (a) evidence of the use made of the trade mark; or (b) a statement giving reasons for non-use.(3) The owner shall, at the same time as he files the counter-statement, send a copy of the counter-statement and a copy of the evidence of use or statement giving reasons for non-use to the applicant. (4) If the owner does not file a counter-statement and either evidence of use or a statement giving reasons for non-use within the period specified in subrule (1), the Registrar may treat the application for revocation as being unopposed by the owner. (L.N. 97 of 2003) Cap 559A s 38 Additional evidence (1) The applicant may file additional evidence in support of his application- (a) within 6 months after the date of receipt of the copy of the counter-statement and the copy of the evidence of use or statement giving reasons for non-use; or (b) if the owner does not file a counter-statement and evidence of use or a statement giving reasons for non-use within the period specified in rule 37(1), within 9 months after the date of filing of the application.(2) If the applicant does not intend to file additional evidence, he shall file a statement to that effect within the period specified in subrule (1)(a) or (b), whichever is applicable. (3) The applicant shall, at the same time as he files the additional evidence or statement under subrule (1) or (2), send a copy of it to the owner. (4) Except with the leave of the Registrar, no further evidence may be filed by either party. Cap 559A s 39 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 40 Application for revocation (ss. 52(2)(b), (c) & (d) & 60(6), s. 13 of Sch. 3 & s. 15 of Sch. 4 to the Ordinance) (Form T6) (Fee No. 12) Procedure for revocation on grounds other than non-use (1) An application for- (a) the revocation of the registration of a trade mark on the grounds mentioned in section 52(2)(b), (c) or (d) of the Ordinance; (b) the revocation of the registration of a trade mark as a defensive trade mark on the grounds mentioned in section 60(6) of the Ordinance; (c) the revocation of the registration of a collective mark on the grounds mentioned in section 13 of Schedule 3 to the Ordinance; or (d) the revocation of the registration of a certification mark on the grounds mentioned in section 15 of Schedule 4 to the Ordinance,shall be filed on the specified form. (2) The application shall be accompanied by a statement of the grounds on which the application is made. (3) The applicant shall, at the same time as he files the application, send a copy of the application and statement of grounds to the owner of the registered trade mark, defensive trade mark, collective mark or certification mark in question. Cap 559A s 41 Counter-statement (Form T7) (1) Within 3 months after the date of receipt of the copy of the application and statement of grounds, the owner shall file a counter-statement on the specified form setting out- (a) the grounds on which he relies in support of his registration; (b) the facts alleged in the application that he admits; (c) the facts alleged in the application 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 application that he is unable to admit or deny.(2) The owner shall, at the same time as he files the counter-statement, send a copy of it to the applicant. |
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