Hong Kong Ordinances

TRADE MARKS ORDINANCE - SECT 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.

(3) An application for registration of a trade mark may be amended-

   (a)  for the purpose of restricting the goods or services covered by the
        application; or

   (b)  for such other purposes as may be prescribed.

(4) An application for registration of a trade mark may be amended in other
respects but only for the purpose of correcting-

   (a)  the name or address of the applicant;

   (b)  errors of wording or of copying; or

   (c)  obvious mistakes, and then only where the correction does not
        substantially affect the identity of the trade mark or extend the
        goods or services covered by the application.

(5) Provision shall be made by the rules for-

   (a)  the publication of particulars of any amendment which affects the
        representation of the trade mark, or the goods or services covered by
        the application; and

   (b)  the making of objections by any person claiming to be affected by the
        amendment.