Hong Kong Ordinances

TRADE MARKS ORDINANCE - SECT 42

Examination of application

Examination and publication

(1) The Registrar shall examine whether the application satisfies the
requirements for registration under this Ordinance, including any requirements
imposed by the rules for the purposes of this section.

(2) For the purpose of subsection (1), the Registrar shall carry out a search
of earlier trade marks to such extent as he considers necessary.

(3) If it appears to the Registrar that the requirements for registration are
not met, the Registrar shall, by notice in writing-

   (a)  inform the applicant of the Registrar's opinion;

   (b)  inform him that he may make representations to the Registrar to
        establish that the requirements for registration are met or that he
        may amend the application so as to meet those requirements, but that
        he must do so within the prescribed period; and

   (c)  inform him of the provisions of subsection (4).

(4) The Registrar shall refuse to accept the application if the applicant-

   (a)  fails to respond to the notice before the end of the period prescribed
        for the purposes of subsection (3)(b); or

   (b)  fails, before the end of that period, to satisfy the Registrar that
        the requirements for registration are met or to amend the application
        so as to meet those requirements.

(5) If it appears to the Registrar that the requirements for registration are
met, he shall accept the application, but the Registrar may withdraw the
acceptance at any time before particulars of the application have been
published under section 43 (publication of particulars of application) if it
appears to him that the application has been accepted in error.

(6) The Registrar shall notify the applicant in writing of any decision made
by him under subsection (4) or (5).