Hong Kong Regulations

TRADE MARKS RULES - RULE 78

Application under sections 55 and 55A

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

DEFENSIVE TRADE MARKS (SECTIONS 55 TO 57)

(1) An application for the registration of a defensive trade mark under
sections 55 and 55A shall be made to the Registrar by filing Form TM-No. 44
together with a statement of case setting forth full particulars of the facts
on which the applicant relies in support of his application, verified by a
statutory declaration made by the applicant or some other person approved for
the purpose by the Registrar.

(2) The applicant may file with the statutory declaration or within such time
as the Registrar may allow such other evidence as he may desire, whether after
request made by the Registrar or otherwise, and the Registrar shall consider
the whole of the evidence before deciding on the application.

(3) Subject to subrules (1) and (2), these rules shall, except to the extent
that they are inappropriate or it is otherwise provided, apply to applications
for the registration of defensive trade marks as they apply to applications
for the registration of ordinary trade marks. (Enacted 1992)