Hong Kong Ordinances

TRADE MARKS ORDINANCE - SECT 58

Amendment of entries to accord with new classification, etc.

(1) Provision may be made by the rules to empower the Registrar to do such
things as he considers necessary to implement any amended or substituted
classification of goods or services for the purposes of the registration of
trade marks.

(2) Provision may in particular be made by the rules to empower the Registrar
to amend entries in the register so as to accord with the amended or
substituted classification of goods or services.

(3) Where the rules empower the Registrar to amend entries in the  register,
provision shall also be made by the rules for-

   (a)  the giving of notice to any owner of a registered trade mark who may
        be affected by an amendment proposed to be made by the Registrar;

   (b)  the publication in the official journal of particulars of the
        amendments proposed to be made by the Registrar;

   (c)  the making of objections, within such time as may be prescribed, by
        any owner of a registered trade mark claiming to be affected; and

   (d)  the filing of oppositions, within such time as may be prescribed, by
        any other person claiming to be affected.

(4) Provision may also be made by the rules to empower the Registrar-

   (a)  to require the owner of a registered trade mark, within such time as
        may be prescribed, to file a proposal for amendment of entries in
        the register so as to accord with any amended or substituted
        classification of goods or services; and

   (b)  to cancel or refuse to renew the registration of the trade mark in the
        event of the owner failing to do so.

(5) Any such power of amendment shall not be exercised so as to extend the
rights conferred by the registration, except where it appears to the Registrar
that compliance with this requirement would involve undue complexity and that
any extension would not be substantial and would not adversely affect the
rights of any person.