Hong Kong Regulations

TRADE MARKS RULES - RULE 38

Non-completion

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

NON-COMPLETION OF REGISTRATION

(1) In any case falling within section 17(4), that is to say, in any case in
which, by reason of default on the part of the applicant, registration of the
trade mark in question is not completed on or before the first anniversary of
the date on which the application in question was filed under rule 9, the time
specified in the notice of non-completion given by the Registrar under that
section within which the application must be completed if it is not to be
liable to be treated as abandoned shall be not less than 14 days from the date
on which the notice is given.

(2) In any case not falling within section 17(4), that is to say, in any case
in which registration of the mark is not completed on or before the said
anniversary but the failure to register the mark on or before that anniversary
is not attributable to default on the part of the applicant, the provisions of
subrules (3) to (5) shall apply; but those subrules shall not otherwise apply.

(3) If the requirements for completion are not satisfied before the end of the
period of 1 month beginning on the day following whichever of the events
specified in subrule (4) last occurs the Registrar may give notice of
non-completion to the effect that if the requirements for completion are not
satisfied within the time specified in the notice he may treat the application
as abandoned; and the time so specified shall be not less than 14 days from
the date on which the notice is given.

(4) The events referred to in subrule (3) are-

   (a)  expiry of the time within which notice of opposition may be filed
        under rule 23 or, as the case may be, rule 54;

   (b)  the final determination of any opposition proceedings

(including the disposal of any appeal);

   (c)  acceptance by the Registrar of the application absolutely;

   (d)  the final determination of any proceedings under rule 20

(including the disposal of any appeal).

(5) If the requirements for completion are not satisfied within the time
specified in a notice of non-completion given under subrule (3) the Registrar
may, subject to subrule (7), treat the application as abandoned.

(6) The Registrar shall give notice of non-completion under section  17 (4) or
under subrule (3), as the case may be, by sending it to the applicant or his
agent.

(7) The Registrar shall not treat an application as abandoned under
section 17(4) or under subrule (5) if the requirements for completion are
satisfied before he does so.

(8) For the purposes of this rule, the requirements for completion are
satisfied when the Registrar has received the prescribed fee referred to in
rule 35(1) and Form TM-No. 9 duly completed. (Enacted 1992)