Hong Kong Regulations

TRADE MARKS RULES - RULE 56

Rectification of certification trade mark entries in register

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

(1) An application by an aggrieved person to the Registrar under section 68(2)
for the expunging or varying of an entry in the register of or relating to a
certification trade mark, or for varying the relevant deposited regulations,
shall be made by filing Form TM-No. 26, together with a statement setting out
full particulars of the grounds on which the application is made.

(2) The application shall be filed together with 2 copies of the application
and 2 copies of the statement, and the Registrar shall forthwith send these
copies to the registered proprietor at his trade or business address as
entered in the register, and, if an address for service different therefrom is
entered in the register, at that address also.

(3) Where an application under this rule has been made and copies have been
sent to the registered proprietor, rules 24 to 31 and 34 shall apply to the
further proceedings thereon with such modifications as may be required to suit
the circumstances; but the Registrar shall not rectify the register or remove
the certification trade mark in question from the register merely because the
registered proprietor has not filed a counter-statement.

(4) In any case of doubt arising under this rule, any party may apply to the
Registrar for directions. (Enacted 1992)