Hong Kong Regulations

TRADE MARKS RULES - RULE 45

Application for registration of assignment without goodwill

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

(1) An application under rule 40 relating to an assignment, on or after the
date of the commencement of the Ordinance, of a trade mark in respect of any
goods or services shall state-

   (a)  whether the trade mark was, at the time of the assignment, used in a
        business in any of those goods or services; and

   (b)  whether the assignment was made otherwise than in connection with the
        goodwill of that business, and, if both these circumstances subsisted,
        then the applicant shall file with the Registrar a copy of the
        Registrar's directions to advertise the assignment, obtained upon
        application under section 41(6) or 41A(6) and rule 49, and such proof,
        including copies of advertisements or otherwise, as the Registrar may
        require that his directions have been fulfilled.

(2) If the Registrar is not satisfied that the directions have been fulfilled,
he shall not proceed with the application.

(3) For the purposes of section 18(3) the period within which a corporation
may be registered as the subsequent proprietor of a registered trade mark upon
application made under rule 40 shall be 6 months from the date on which the
trade mark was entered in the register or such further period not exceeding 6
months as the Registrar may allow, on application being made to him by filing
Form TM-No. 16, by the applicant for registration of title or the registered
proprietor, as the case may be, at any time before or during the period for
which the extension can be allowed. (Enacted 1992)