Hong Kong Regulations

TRADE MARKS RULES - RULE 35

Entry in register

Caution: This is a past version. See the current version here.

REGISTRATION OF A TRADE MARK (SECTION 17)

(1) As soon as practicable after the expiration of 2 months from the date of
the advertisement in the Gazette of any application for the registration of a
trade mark, the Registrar shall, subject to any opposition and the
determination thereof, and subject to the provisions of section 17(1), and
upon receipt of Form TM-No. 9 together with the prescribed fee, enter the
trade mark in the register. The entry of a trade mark in the register shall
give the date of the registration, the goods or services in respect of which
it is registered and all the particulars specified in section 3(1), including-

   (a)  the name and the trade or business address of the proprietor;

   (b)  any address for service filed under rule 100;

   (c)  particulars of any undertakings given by the proprietor; and

   (d)  particulars affecting the scope of the registration or the rights
        conferred by it.

(2) In the case of an application which the Registrar accepts only after the
applicant has filed the written consent to the proposed registration of the
registered proprietor of another trade mark or another applicant for
registration, the entry referred to in subrule (1) in the register shall state
that it is "BY CONSENT", and shall give the number of the previous
registration or the application for registration.

(3) When a trade mark has been entered in the register, the fact of
registration shall be advertised in the Gazette. (Enacted 1992)