Page:Trade Marks Ordinance (Cap. 559).pdf/34

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.

TRADE MARKS ORDINANCE

Ord. No. 35 of 2000
A1203


43. Publication of particulars of application

Where the Registrar accepts an application for registration of a trade mark under section 42 (examination of application), particulars of the application shall be published in the official journal in accordance with the rules.

Opposition, withdrawal and amendment

44. Opposition proceedings

(1) Any person may, within the prescribed period beginning on the date of publication of particulars of an application under section 43 (publication of particulars of application), give notice to the Registrar of opposition to the registration.

(2) A notice of opposition shall be given in writing in the prescribed manner and shall include a statement of the grounds of opposition.

45. Withdrawal of application

(1) An applicant for registration of a trade mark may at any time withdraw his application.

(2) If particulars of the application have been published in accordance with section 43 (publication of particulars of application), particulars of the withdrawal shall be published in the official journal in accordance with the rules.

46. Amendment of application

(1) At the request of the applicant, the Registrar may amend an application for registration of a trade mark as provided in this section.

(2) An application for registration of a trade mark may be amended for the purpose of adding a representation of a registered trade mark to the representation of the trade mark in question but only if all of the following conditions are met—

(a) at the time the request for amendment is made, the registered trade mark is registered in the name of the applicant;
(b) the goods or services for which the registered trade mark is registered are identical or similar to the goods or services covered by the application; and
(c) the date of registration of the registered trade mark is earlier than the date of application for registration of the trade mark in question.