Hong Kong Regulations

TRADE MARKS RULES - RULE 9

Form of application

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

APPLICATION FOR REGISTRATION OF A TRADE MARK (SECTION 13)

(1) An application under section 13 for the registration of a trade mark in
Part A or Part B of the register shall be filed with the Registrar on Form
TM-No. 3. The application shall be signed by the applicant or his agent. If
the application is made for or on behalf of a firm or a body corporate or an
unincorporated body it shall be signed in the manner provided by rule 96, but
in any case it may be signed by an agent.

(2) Every application claiming priority under section 13A by reason of an
application made or deemed to have been made in a Convention country shall
specify the country in which the application was made and the date of that
application, and the applicant shall file at any time before acceptance of the
application a certificate by the registrar or other registering authority of
that country, or otherwise verify the application made or deemed to be made in
that country to the satisfaction of the Registrar.

(3) Each application shall be for registration in respect of goods or services
in one class only of Schedule 4.

(3A) (a) Every application for the registration of a trade mark shall contain
a representation of the mark in the space provided on the application form for
that purpose.

   (b)  Where the representation exceeds the space in size part of the
        representation shall be affixed in the space and the representation
        shall not be folded.

(4) Each application shall be filed together with 14 additional
representations of the trade mark exactly corresponding to that affixed to
Form TM-No. 3, one of which shall be affixed on Form TM-No. 3A in the same
manner as provided for in subrule (3A).

(5) A request under section 13(7) for the amendment of an application for
registration shall be made by filing Form TM-No. 33 and in the case of an
amendment to the mark the amended mark shall be affixed as provided in subrule
(3A). The request shall be filed together with 14 additional representations
of the amended mark which shall correspond exactly with that affixed to Form
TM-No. 33. One of the 14 amended marks shall be affixed to Form TM-No. 33A in
the same manner as provided for in subrule (3A). (Enacted 1992)