Hong Kong Ordinances

TRADE MARKS ORDINANCE - SECT 72

Power to give preliminary advice, etc.

(1) The Registrar shall have the power to give to a person who proposes to
apply for the registration of a trade mark advice as to whether the trade mark
appears to the Registrar prima facie to be capable of distinguishing goods or
services of one undertaking from those of other
undertakings within the meaning of section 3(1) (meaning of "trade mark").

(2) Any person who wishes to obtain such advice shall apply to the Registrar
in the prescribed manner.

(3) If, on an application for the registration of a trade mark as to which the
Registrar has given such advice in the affirmative, made within 3 months after
the advice is given, the Registrar, after further investigation or
consideration, gives notice to the applicant of objection on the ground that
the trade mark is not capable of distinguishing the goods or services of one
undertaking from those of another, the applicant shall be entitled, on giving
notice of withdrawal of the application under section 45 (withdrawal of
application) within the prescribed period, to have repaid to him any fees paid
for the filing of the application.