Hong Kong Ordinances

TRADE MARKS ORDINANCE - SECT 76

Language of proceedings before Registrar

Legal proceedings, appeals and related matters

(1) Except as otherwise provided in the rules, and notwithstanding section 5
of the Official Languages Ordinance ( Cap 5), the official language in which
an application for registration of a trade mark is filed shall be used as the
language of the proceedings in all proceedings before the Registrar under this
Ordinance.

(2) The rules may-

   (a)  require, in respect of any document filed or to be filed with the
        Registrar in proceedings under this Ordinance, the filing of a
        translation of the document into the language of the proceedings or
        into one or both official languages;

   (b)  provide for the use by any person in oral proceedings before the
        Registrar, of a language other than the language of the proceedings;

   (c)  in respect of documents to be used for the purpose of evidence in
        proceedings before the Registrar and which are in a language other
        than the language of the proceedings, provide for the filing of the
        document in that other language and the filing of a translation of the
        document into the language of the proceedings or into one of the
        official languages;

   (d)  in respect of information provided or to be provided to the Registrar
        and which is to be entered in the register, require the provision of
        that information in both official languages; and

   (e)  provide for the issue of and specify the power of the Registrar to
        issue documents in one or both official languages.

(3) Rules made for the purposes of subsection (2)(a) or (d)-

   (a)  may specify periods within which translations of documents into the
        language of the proceedings or into the official languages are to be
        filed or within which information in the official languages is to be
        provided; and

   (b)  may provide for extensions, upon application by a party to the
        proceedings, of such periods, and may require that applications for
        such extension shall be subject to the payment of a prescribed fee.