Hong Kong Regulations

TRADE MARKS RULES - RULE 8

Preliminary advice by Registrar as to distinctiveness

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

(1) Any person who proposes to apply for the registration of a trade mark in
Part A or Part B of the register in respect of any goods or services may apply
to the Registrar by filing Form TM-No. 2 for advice as to whether the trade
mark appears to the Registrar prima facie to be inherently adapted to
distinguish within the meaning of section 9 or inherently capable of
distinguishing within the meaning of section 10 as the case may be in relation
to those goods or services.

(2) Separate applications under subrule (1) shall be made in respect of goods
or services comprised within different classes as set out in Schedule 4.

(3) An application for advice under subrule (1) shall contain a representation
of the mark to be affixed on the form in the manner provided in rule 9(3A) and
be filed together with 2 duplicates of such representation.

(4) A notice of withdrawal of an application for the registration of a trade
mark given under section 73(3) for the purpose of obtaining repayment of any
fee paid on the filing of the application shall be given in writing within 6
months from the date of the notice of the Registrar's objection. (Enacted
1992)