Hong Kong Regulations

TRADE MARKS RULES - RULE 36

Death of applicant before registration; assignment after application

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

(1) If an applicant for the registration of a trade mark dies after his
application has been made and before the mark has been entered on the register
and another person proves to the satisfaction of the Registrar that he enjoys
the same rights in or in respect of the mark that the applicant enjoyed, the
application shall proceed and rule 35 shall apply as if that person were the
applicant.

(2) Where an applicant for the registration of a trade mark is also the
registered proprietor of a trade mark registered in respect of relevant goods
or services and both the registered mark and the mark the subject of the
application are assigned or transmitted (other than on death) to the same
person, that person may include in his application under rule 40 an
application to be treated as the applicant for registration; and in such a
case the application shall proceed and rule 35 shall apply as if that person
were the applicant.

(3) Rule 42(2) and (3) shall apply in respect of an application under subrule
(2) as it applies in respect of an application under rule 40.

(4) For the purposes of subrule (2), relevant goods or services are-

   (a)  in the case of an application for the registration of a trade mark
        relating to goods in respect of any goods-

        (i)    the same goods; or

        (ii)   the same description of goods; or

        (iii)  services or a description of services associated with the goods
               or goods of that description; and

   (b)  in the case of an application for the registration of a trade mark
        relating to services in respect of any services-

        (i)    the same services; or

        (ii)   the same description of services; or

        (iii)  goods or a description of goods associated with the services or
               services of that description. (Enacted 1992)