Hong Kong Regulations

TRADE MARKS RULES - RULE 11

Deficiencies in application

(Past version on 04/04/2003).

(1) If it appears to the Registrar that an application for registration of a
trade mark does not satisfy the requirements of-

   (a)  rule 6(1), 7(1) or (2) or 8(1); or

   (b)  section 38 of the Ordinance (which sets out requirements relating to
        applications), the Registrar shall send a notice to the applicant
        informing him of the deficiencies and requesting him to remedy those
        deficiencies.

(2) An applicant to whom a notice is sent under this rule must remedy the
deficiencies within 2 months after the date of the notice, and if he fails to
do so-

   (a)  where the deficiencies relate to rule 6(1) or 8(1) or section  38 (1),
        (2)(e), (3), (4) or (5) of the Ordinance, the application shall be
        treated as abandoned; (L.N. 62 of 2006)

   (aa) where the deficiencies relate to the class or classes of goods or
        services in the International Classification required to be specified
        under rule 7(1), the part of the application relating to the goods or
        services the specification of the class or classes for which is
        deficient shall be treated as abandoned; (L.N. 62 of 2006)

   (ab) where the deficiencies relate to the description of goods or services
        required to be provided under rule 7(2), the part of the application
        relating to the goods or services the description of which is
        deficient shall be treated as abandoned; and (L.N. 62 of 2006)

   (b)  where the deficiencies relate to section 38(2)(a), (b), (c) or

   (d)  of the Ordinance, the application shall be deemed never to have been
        made.