Hong Kong Regulations

TRADE MARKS RULES - RULE 76

Advertisement of proposed conversion. Opposition

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

(1) The advertisement of a proposal for amendment under section  54 (3) shall
be made by the applicant in one issue of the Gazette.

(2) Notice of any opposition shall be filed on Form TM-No. 43 within 2 months
from the date of the advertisement together with a duplicate of the notice and
with a statement in duplicate showing how the proposed conversion would be
contrary to section 54(2).

(3) Upon receipt the Registrar shall send the duplicates to the registered
proprietor who may, within 2 months from the date of receipt of such
duplicates, file a counter-statement setting out fully the grounds on which
the opposition is contested, and if he does so he shall send to the opponent a
copy of the counter-statement.

(4) Upon receipt of the counter-statement the Registrar may require or admit
evidence directed to the questions in issue, and if so desired by either party
he shall before deciding the matter, give the parties an opportunity to be
heard thereon.

(5) If the Registrar decides that the proposal shall be amended it shall be
advertised in the Gazette as so amended; and thereupon subrules

(1) to (3) and this subrule shall apply, but only in respect of the matter
contained in the amended proposal not contained in the proposal before
amendment. (Enacted 1992)