- Chapter: 559A TRADE MARKS RULES Empowering section (Cap 559, section 91)
- PART 1 - PRELIMINARY
- PART 2 - APPLICATION FOR REGISTRATION
- PART 3 - OPPOSITION TO REGISTRATION
- PART 4 - WITHDRAWAL, AMENDMENT, DIVISION AND MERGER OFAPPLICATIONS FOR REGISTRATION
- PART 5 - REGISTRATION
- PART 6 - PROCEEDINGS TO REVOKE, INVALIDATE, VARY OR RECTIFY REGISTRATION
- PART 7 - OTHER PROCEEDINGS AFFECTING REGISTRATION
- PART 8 - REGISTRABLE TRANSACTIONS
- PART 9 - CORRECTION OF THE REGISTER
- PART 10 - INSPECTION OF REGISTER, INSPECTION OF DOCUMENTS ANDPROVISION OF INFORMATION
- Section: 68 Inspection of register
- Section: 69 Inspection of documents
- Section: 70 Supply of copies of entries, etc.
- Section: 71 Supply of list of pending applications or registered trade marks
- Section: 72 Official search of records for particular trade marks
- Section: 73 Preliminary advice by the Registrar
- PART 11 - PROCEEDINGS BEFORE THE REGISTRAR
- PART 12 - AMENDMENT OF DOCUMENTS, RECTIFICATION OF IRREGULARITIESAND EXTENSION OF TIME LIMITS
- PART 13 - SERIES TRADE MARKS, DEFENSIVE TRADE MARKS, COLLECTIVE MARKS AND CERTIFICATION MARKS
- Section: 97 Application for registration of series of trade marks
- Section: 98 Request to delete trade mark in series
- Section: 99 Application for registration of defensive trade mark
- Section: 100 Application for registration of collective mark
- Section: 101 Application for registration of certification mark
- Section: 102 Amendment of regulations governing use of collective mark or certification mark
- PART 14 - AGENTS
- PART 15 - ADDRESS FOR SERVICE
- PART 16 - FILING AND SERVICE OF DOCUMENTS
- PART 17 - MISCELLANEOUS
- Section: 113 Form in which the records of the Registry are kept, etc.
- Section: 114 Publication of business hours and business days of the Registry
- Section: 115 Publication and sale of documents
- Section: 116 Publication of certain court orders
- Section: 117 Filing of court orders, declarations and certificates
- Section: 118 Signature of documents by partnerships, corporations, etc.
- Section: 119 Change of language of proceedings
- Section: 120 Translations of documents, etc.
- Section: 121 Pending applications for registration
- Section: 122 Form for conversion of pending applications
- Schedule: SCHEDULE
(Date of this copy: 25/04/2003)
Chapter: 559A TRADE MARKS RULES
Empowering section
(Cap 559, section 91)
[4 April 2003] L.N. 31 of 2003
(L.N. 30 of 2003)
PART 1
PRELIMINARY
Section: 1 (Omitted as spent)
(Omitted as spent)
Section: 2 Interpretation
(1) In these Rules, unless the context otherwise requires-
"actual date of registration" (□□□) has the meaning assigned by rule 29(1)(b);
"applicable fee" (□□□), in relation to a matter or proceeding, means the fee specified in the Schedule in relation to that matter or proceeding;
"business day of the Registry" (□□□) means a business day of the Registry as specified in directions of the Registrar published under rule 114;
"business hours of the Registry" (□□□) means the business hours of the Registry as specified in directions of the Registrar published under rule 114;
"commencement date" (□□□) means the date on which the Ordinance comes into operation;
"the date of registration" (□□□) has the meaning assigned by rule 29(1)(a);
"digital signature" (□□□) has the meaning assigned by section 2(1) of the Electronic Transactions Ordinance (Cap 553);
"electronic record" (□□□) has the meaning assigned by section 2(1) of the Electronic Transactions Ordinance (Cap 553);
"electronic signature" (□□□) has the meaning assigned by section 2(1) of the Electronic Transactions Ordinance (Cap 553);
"existing registered mark" (□□□) has the meaning assigned by section 1(1) of Schedule 5 to the Ordinance;
"information system" (□□□) has the meaning assigned by section 2(1) of the Electronic Transactions Ordinance (Cap 553);
"International Classification" (□□□) means the International Classification of Goods and Services adopted under the Nice Agreement and in force at the relevant time;
"Nice Agreement" (□□□) means the Nice Agreement concerning the International
Classification of Goods and Services for the purposes of the Registration of Marks, concluded at the Nice Diplomatic Conference on 15 June 1957, as revised at Stockholm on
14 July 1967 and at Geneva on 13 May 1977 and amended at Geneva on 28 September 1979, as revised or amended from time to time;
"objector" (□□□) means a person who files a notice of objection under rule 26(2) or 55(1), as the case may be;
"old law" (□□□) has the meaning assigned by section 1(1) of Schedule 5 to the Ordinance;
"opponent" (□□□) means a person who files a notice of opposition under rule 16, 61(1), 67(2) or 102(3), as the case may be; (L.N. 97 of 2003)
"the Ordinance" (□□□) means the Trade Marks Ordinance (Cap 559);
"the repealed Ordinance" (□□□)means the Trade Marks Ordinance (Cap 43), as in operation immediately before its repeal by the Ordinance;
"send" (□□□)includes give, and cognate expressions are to be construed accordingly;
"specification" (□□□)means the statement of the goods or services in respect of which a trade mark is registered or proposed to be registered;
"specified form" (□□□), in relation to any matter or proceeding, means the form specified by the Registrar under section 74 of the Ordinance to be used in connection with that matter or proceeding.
(2) Unless the context otherwise requires, any reference in these Rules to the filing of a
document or other thing (howsoever expressed) shall be construed as a reference to the filing of the document or thing with the Registrar in accordance with Part 16.
(3) Unless the context otherwise requires, any reference in these Rules to a trade mark shall be construed as including a reference to a certification mark, collective mark and defensive trade mark.
(4) A reference in the heading to a rule to the number of a form is a reference to the number of that form as published in the official journal under section 74 of the Ordinance.
(5) A reference in the heading to a rule to the number of a fee is a reference to the number of that fee as specified in the Schedule.
Section: 3 Specified forms
(s. 74 of the Ordinance)
(1) Where under section 74 of the Ordinance the Registrar specifies a form to be used in connection with any matter or proceeding, the specified form shall be used in all cases in which it is applicable.
(2) A requirement to use a specified form is satisfied by the use of either-
(a) a replica of the specified form; or
(b) a form acceptable to the Registrar,
that contains the information required by the specified form and complies with any directions of the Registrar as to the use of the specified form or replicas of it.
Section: 4 Fees
(1) The fees to be paid in relation to any matter or proceeding under the Ordinance or these Rules are those specified in the Schedule.
(2) Subject to subrule (3), fees shall be paid at such time and in such manner as the Registrar directs.
(3) Where a fee is required to be paid in relation to a matter or proceeding for which a specified form is required to be used, the fee shall be paid when the specified form is filed.
(4) Where the Registrar is required or authorized by any provision of these Rules to do any act or thing in relation to a matter or proceeding for which a fee is required to be paid, the Registrar may, notwithstanding that provision, refuse to do that act or thing until such time as the fee is paid.
(5) Where a fee is paid in error or in excess of the amount specified in the Schedule, the Registrar shall repay the amount paid in error or the excess amount accordingly.
Section: 5 Classification of goods and services
(s.40 of the Ordinance)
(1) Subject to subrule (3), for the purposes of trade marks registered on or after the commencement date, the goods or services in respect of which a trade mark is registered shall be classified in accordance with the classifications of the International Classification in force on the date of registration.
(2) Subject to subrule (3), for the purposes of existing registered marks, the goods or services in respect of which a trade mark is registered shall be classified in the same manner as they were classified immediately before the commencement date.
(3) The specification of a registered trade mark may be reclassified in accordance with rules 58, 59, 60 and 61.
PART 2
APPLICATION FOR REGISTRATION
Filing of application
Section: 6 Form of application, etc.
(s. 38 of the Ordinance)
(Forms T2, T2A & T2S)(Fee No. 1)
(1) An application for registration of a trade mark shall be filed on the specified form.
(2) An application for registration of a 3-dimensional shape as a trade mark or as an element of a trade mark shall not be treated as such unless the application contains a statement claiming the shape as the trade mark or as an element of the trade mark, as the case may be.
(3) An application for registration of a colour or colours as a trade mark, or as an element or elements of a trade mark, shall not be treated as such unless-
(a) the application contains a statement claiming the colour or colours as the trade mark, or as an element or elements of the trade mark, as the case may be; and
(b) the trade mark, or the element or elements of the trade mark, as the case may be, appear in the representation of the trade mark included with the application in the colour or colours for which the claim is made.
Section: 7 Specification of goods or services
(ss. 38(2)(c) & 40 of the Ordinance)
(Form T5A)(Fee No. 2)
(1) Every application for registration of a trade mark shall specify the class or classes of goods or services in the International Classification to which the application relates.
(2) The specification shall include for each class of goods or services set out in the specification a clear and concise description, appropriate to that class, of the goods or services in respect of which the trade mark is proposed to be registered.
(3) If the application relates to more than one class of goods or services in the International Classification, the specification shall set out the classes in consecutive numerical order.
(4) If the trade mark is proposed to be registered in respect of all the goods or services in a particular class, or in respect of a large variety of goods or services, the Registrar may refuse to accept the application unless he is satisfied that the specification is justified by the use the applicant has made of the trade mark or by the use he intends to make of the trade mark if it is registered.
(5) If the specification lists goods or services by reference to a class or classes in the International Classification under which the goods or services do not fall, the applicant may file a request under section 46 of the Ordinance to amend the application to correct the class or classes accordingly (see rule 24).
(6) Subject to rule 24, on receipt of a request under subrule (5) and payment of the applicable fee, the Registrar shall amend the application accordingly.
(7) Subrule (4) does not apply to an application for the registration of a trade mark as a defensive trade mark.
Section: 8 Representation of trade mark
(s. 38(2)(d) of the Ordinance)
(1) The representation included with an application for registration of a trade mark shall depict the trade mark clearly and in sufficient detail to permit a proper examination to be made of the trade mark and shall be of a kind and quality that is suitable for reproduction and registration.
(2) The Registrar may at any time require the applicant to file additional copies of the representation.
Section: 9 Claim to priority
(s. 41 of the Ordinance)
(1) Where an applicant wishes to claim a right to priority under section 41 of the Ordinance, the application filed under these Rules shall include the following particulars-
(a) the name of each country, territory or area in respect of which a right to priority is claimed;
(b) the date of filing of the application filed in, or in respect of, each such country, territory or area; and