【法规名称】
【法规编号】 82489 什么是编号？
【正 文】
第9页 CAP 559A TRADE MARKS RULES
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[接上页] (3) If the owner does not file a counter-statement 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 42 Evidence in support of application (1) The applicant shall file evidence in support of his application- (a) within 6 months after the date of receipt of the copy of the counter-statement; or (b) if the owner does not file a counter-statement within the period specified in rule 41(1), within 9 months after the date of filing of the application.(2) If the applicant files evidence under subrule (1), he shall at the same time send a copy of it to the owner. (3) If the applicant does not file evidence within the period specified in subrule (1)(a) or (b), he shall be deemed to have withdrawn his application. Cap 559A s 43 Evidence in support of counter-statement (1) If the owner files a counter-statement within the period specified in rule 41(1) and the applicant files evidence within the period specified in rule 42(1), then within 6 months after the date of receipt of the copy of the applicant's evidence the owner shall file- (a) evidence in support of the counter-statement; or (b) a statement to the effect that he does not intend to file evidence.(2) The owner shall, at the same time as he files the evidence or statement under subrule (1), send a copy of it to the applicant. Cap 559A s 44 Evidence in reply (1) If the owner files evidence within the period specified in rule 43(1), the applicant may, within 6 months after the date of receipt of the copy of the owner's evidence, file additional evidence, which evidence shall be confined to matters strictly in reply to the owner's evidence. (2) If the applicant files additional evidence, he shall at the same time send a copy of it to the owner. (3) Except with the leave of the Registrar, no further evidence may be filed by either party. Cap 559A s 45 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 46 Application for declaration of invalidity (s. 53, s. 14 of Sch. 3 & s. 16 of Sch. 4 to the Ordinance) (Form T6) (Fee No. 13) Procedure for declaration of invalidity (1) An application for- (a) a declaration of invalidity of the registration of a trade mark on the grounds mentioned in section 53 of the Ordinance; (b) a declaration of invalidity of the registration of a collective mark on the grounds mentioned in section 14 of Schedule 3 to the Ordinance; or (c) a declaration of invalidity of the registration of a certification mark on the grounds mentioned in section 16 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, collective mark or certification mark in question. Cap 559A s 47 Subsequent procedure Rules 41, 42, 43, 44 and 45 shall apply with necessary modifications to proceedings with respect to an application filed under rule 46. (L.N. 97 of 2003) Cap 559A s 48 Application for variation or rectification (ss. 54 & 57 of the Ordinance) (Form T6) (Fee Nos. 14 & 15) Procedure for variation and rectification (1) An application for- (a) the variation of the registration of a trade mark under section 54 of the Ordinance; or (b) the rectification of an error or omission in the register under section 57 of the Ordinance,shall be filed on the specified form. (2) The application shall be accompanied by- (a) a statement of the grounds on which the application is made; and (b) evidence in support of the application. Cap 559A s 49 Procedure where application is made by the owner of the trade mark (1) This rule applies where an application filed under rule 48 is made by the owner of the registered trade mark in question. (2) Where the Registrar proposes to allow the application, he shall publish a notice in the official journal, which notice shall include- (a) in the case of an application for the variation of the registration of a trade mark, a description of the conditions under which the trade mark is registered and of the variation to be made; and (b) in the case of an application for the rectification of an error or omission in the register, such matters as the Registrar considers necessary to identify the error or omission in question and the rectification to be made.(3) Part 3 shall apply with necessary modifications to proceedings under this rule. Cap 559A s 50 Procedure where application is made by a person other than the owner (Form T7) (1) This rule applies where an application filed under rule 48 is made by a person other than the owner of the registered trade mark in question. |
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