Legislative Texts
Chapter 43A
(Cap 43, section 90)
[2 March 1992]
(L.N. 5 of 1992)
(Enacted 1992)
(1) In these rules, unless the context otherwise requires
“Registry” means the Trade Marks Registry, Hong Kong;
“section” means a section of the Ordinance, a subsection being indicated by a number enclosed in brackets immediately following the number of the section;
“send” includes give;
“specification” means the designation of goods or, as the case may be, services in respect of which a trade mark, or a registered user of a trade mark, is registered or proposed to be registered.
(2) In these rules, references to something being filed at a place or with a person are to be construed as references to its being sent to that place or person or made or left at that place or given or made to or left with that person, or to that person being furnished with it, and references to the filing of anything without an indication of the place at which or person with whom it is to be filed are to be construed as references to its being filed with the Registrar at the Registry.
(Enacted 1992)
Remarks:
Amendments retroactively made — see 22 of 1999 s. 3
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REGISTRABILITY OF TRADE MARKS (SECTIONS 9 TO 12) PRELIMINARY ADVICE (SECTION 73)
(Enacted 1992)
Remarks:
Amendments retroactively made — see 22 of 1999 s. 3
Where a representation of the name, initials, armorial bearings, insignia, orders of chivalry, decorations, flags or devices of any state, city, borough, town, place, society, body corporate, institution or person appears on a trade mark, the Registrar shall consider whether to refuse to accept an application for the registration of the mark unless the consent of such official or other person as appears to the Registrar to be entitled to give consent is filed.
(Enacted 1992)
Where the name or representation of any person living or recently dead appears on a trade mark, the Registrar shall consider whether to refuse to accept an application for the registration of
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the mark unless the consent of the person or, as the case may be, his personal representatives is filed.
(Enacted 1992)
(Enacted 1992)
(Enacted 1992)
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
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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.
(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.
(Enacted 1992)
In the case of an application under section 13 for registration in respect of all the goods or services included in a class, or of a large variety of goods or services, the Registrar may refuse to accept the application unless he is satisfied that the specification is justified by the use of the mark which the applicant has made, or intends to make if and when it is registered.
(Enacted 1992)
(Enacted 1992)
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In any application under section 13, the representation of a trade mark shall be clear and durable; and the Registrar, if dissatisfied with any representation of a trade mark, may at any time require another representation satisfactory to him to be substituted before proceeding with the application.
(Enacted 1992)
In any application under section 13
(Enacted 1992)
When application under section 13 is made for the registration of a series of trade marks under section 26 , a representation of each trade mark of the series shall be affixed in accordance with rules 9(3A) and 12 , and subject to rule 13 , to the application form which shall be filed together with 14 additional sets of representations and rule 9(4) shall apply with such modifications as are required to suit the circumstances.
(Enacted 1992)
In any application under section 13 —
(Enacted 1992)
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A notice to the Registrar under section 92(6) shall be given by the applicant by filing Form TM-No. 54 .
(L.N. 299 of 1996)
PROCEDURE ON RECEIPT OF AN APPLICATION FOR REGISTRATION OF A TRADE MARK
(Enacted 1992)
After such search, and consideration of the application, and of any evidence of use or of distinctiveness or of any other matter which the applicant may or may be required to file, the Registrar may accept the application absolutely, or he may object to it, or he may express his willingness to accept it subject to such conditions, amendments, disclaimers, modifications or limitations as he may think right to impose.
(Enacted 1992)
Rule 18
�Registrar’s objections. Hearing
�
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If the Registrar objects to the application, he shall send his objections in writing to the applicant, and unless within 6 months from the date of receipt of those objections the applicant files an application with the Registrar for a hearing or files a considered reply in writing to those objections he shall be deemed to have withdrawn his application.
(Enacted 1992)
(1A) If the Registrar is willing to accept the application subject to any conditions, amendments, disclaimers, modifications or limitations he shall send to the applicant written notice of such willingness.
(1B) If the applicant objects to such conditions, amendments, disclaimers, modifications or limitations he shall within 6 months from the date of receipt of the notice file an application with the Registrar for a hearing or file his considered objections in writing, and if he does not do so he shall be deemed to have withdrawn his application.
(1C) If the applicant does not object to such conditions, amendments, disclaimers, modifications or limitations he shall within 6 months from the date of receipt of the notice file a written statement of his absence of objection and alter his application accordingly, and if he does not do so he shall be deemed to have withdrawn his application.
(2) The Registrar may require that a transliteration or translation of a word trade mark, or the name of a device trade mark, appears on the mark in Chinese characters if in his opinion this is necessary to avoid the likelihood of deception or confusion and for the protection of the public.
(Enacted 1992)
(Enacted 1992)
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The Registrar may call on an applicant to insert in his application such disclaimer as the Registrar may think fit, in order that the public generally may understand what the applicant’s rights, if his mark is registered, will be.
(Enacted 1992)
ADVERTISEMENT OF APPLICATION FOR REGISTRATION OF A TRADE MARK (SECTION 14)
(Enacted 1992)
OPPOSITION TO APPLICATION FOR REGISTRATION OF A TRADE MARK (SECTION 15)
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(3) If registration is opposed on the ground that the mark resembles another mark already on the register or the registration of which is the subject of a current application, the number and class of that other mark and (except in the case of a registered mark or a mark the subject of an application not yet advertised) the date of the Gazette in which it has been advertised shall be set out in the notice.
(Enacted 1992)
(Enacted 1992)
Within 6 months from the date of receipt of the duplicate the opponent shall file such evidence by way of statutory declaration as he may desire to adduce in support of his opposition and shall send to the applicant a copy of that evidence.
(Enacted 1992)
If the opponent files no evidence in accordance with rule 25 he shall, unless the Registrar otherwise directs, be deemed to have abandoned his opposition; but if he does so file evidence the applicant shall, within 6 months from the date of his receipt of the copy of the opponent’s evidence provided for in rule 25 , file such evidence by way of statutory declaration as he may desire to adduce in support of his application and shall send to the opponent a copy of that evidence.
(Enacted 1992)
(1) Within 6 months from the date of receipt by the opponent of the copy of the applicant’s evidence provided for in rule 26 the opponent may file evidence in reply by way of statutory declaration and shall send to the applicant a copy of that evidence.
(2) Evidence in reply shall be confined to matters strictly in reply to the applicant’s evidence.
(Enacted 1992)
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No further evidence shall be filed by either side, but in any proceedings before the Registrar he may at any time, if he thinks fit, give leave to either the applicant or the opponent to file any evidence upon such terms as to costs or otherwise as the Registrar may think fit.
(Enacted 1992)
(Enacted 1992)
(Enacted 1992)
Where in opposition proceedings an extension of time is granted under rule 91 to any party, the Registrar may thereafter, if he thinks fit, without giving the party so favoured a hearing, grant any reasonable extension of time to the other party in which to take any subsequent step.
(Enacted 1992)
Rule 32
�Withdrawal of appeal
�
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An appellant entitled to withdraw his application under section 15(8) may do so by sending to the Registrar and to any other party, within 7 days from the date of his receipt of the leave referred to in that section, notice of his intention to withdraw.
(Enacted 1992)
An advertisement under section 15(9) , 51(2) or 51(4) shall be made in the same manner, with such modifications as may be required to suit the circumstances, as an advertisement relating to an application for registration.
(Enacted 1992)
(Enacted 1992)
REGISTRATION OF A TRADE MARK (SECTION 17)
(1) As soon as practicable after the expiration of 2 months from the date of the advertisement in the Gazette of any application for the registration of a trade mark, the Registrar shall, subject to any opposition and the determination thereof, and subject to the provisions of section 17(1) , and upon receipt of Form TM-No. 9 together with the prescribed fee, enter the trade mark in the register. The entry of a trade mark in the register shall give the date of the registration, the goods or services in respect of which it is registered and all the particulars specified in section 3(1) , including
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(Enacted 1992)
(iii) �goods or a description of goods associated with the services or services of that description.
(Enacted 1992)
Rule 37
�Certificate of registration
�
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Upon the registration of a trade mark the Registrar shall send to the proprietor a certificate in Form TM-No. 10 , and shall affix thereto a representation of the mark filed by the applicant under rule 9(4) . No fee shall be charged for the certificate.
(Enacted 1992)
NON-COMPLETION OF REGISTRATION
(Enacted 1992)
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ASSOCIATED TRADE MARKS (SECTION 24)
�
(Enacted 1992)
ASSIGNMENT AND TRANSMISSION (SECTIONS 41 TO 44)
Where a person becomes entitled by assignment or transmission to a registered trade mark, application to register his title shall be made by filing Form TM-No. 14 .
(Enacted 1992)
Application under rule 40 may be made jointly with the registered proprietor.
(Enacted 1992)
(Enacted 1992)
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(1) Where an applicant under rule 40 does not claim under any document or instrument which is capable in itself of furnishing proof of his title, he shall, unless the Registrar otherwise directs, file with the application a statement of case setting forth the full particulars of the facts upon which his claim to be proprietor of the mark in question is based and showing that it has been assigned or transmitted to him.
(2) If the Registrar so requires the case shall be verified by statutory declaration.
(Enacted 1992)
The Registrar may call on any person who applies to be registered as proprietor of a registered trade mark for such proof or additional proof of title as he may require for his satisfaction.
(Enacted 1992)
(1) An application under rule 40 relating to an assignment, on or after the date of the commencement of the Ordinance, of a trade mark in respect of any goods or services shall state
and, if both these circumstances subsisted, then the applicant shall file with the Registrar a copy of the Registrar’s directions to advertise the assignment, obtained upon application under section 41(6) or 41A(6) and rule 49 , and such proof, including copies of advertisements or otherwise, as the Registrar may require that his directions have been fulfilled.
(Enacted 1992)
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When the Registrar is satisfied as to the title of an applicant under rule 40 he shall cause him to be registered as proprietor of the mark in question in respect of the relevant goods or services and shall enter in the register—
(Enacted 1992)
Where pursuant to an application under rule 40, and as the result of a division and separation of the goods or services of a registration, or a division and separation of places or markets, different persons become registered separately whether or not under different official numbers as subsequent proprietors of a trade mark, each of the resulting separate registrations in the names of those different persons shall be deemed to be a separate registration for all the purposes of the Ordinance.
(Enacted 1992)
(Enacted 1992)
(1) An application to the Registrar under section 41(6) or 41A(6) shall be made by the assignee by filing Form TM-No. 18a nd shall state the date on which the assignment was made.
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(Enacted 1992)
CERTIFICATION TRADE MARKS (SECTIONS 64, 65, 66 AND 68)
An application for the registration of a certification trade mark under section 64 shall be filed with the Registrar on Form TM-No. 20 .
(Enacted 1992)
(Enacted 1992)
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(4) Where the application has been accepted, the approved regulations and the form of application shall be open to public inspection.
(Enacted 1992)
An application for the registration of a certification trade mark required to be advertised under section 66 shall be advertised by the applicant in one issue of the Gazette. The advertisement shall set forth all the conditions and limitations subject to which the application has been accepted. Where the mark consists of other than a word or words in plain type, rule 22(5) shall apply.
(Enacted 1992)
Expanded Cross Reference: 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34
(4) In case of doubt any party may apply to the Registrar for directions.
(Enacted 1992)
(Enacted 1992)
Rule 56
�Rectification of certification trade mark entries in register
�
Expanded Cross Reference: 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31
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(Enacted 1992)
RENEWAL OF REGISTRATION (SECTIONS 45 TO 47)
(Enacted 1992)
(Enacted 1992)
Rule 58A
�Authority for renewal
�
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If the person filing a document under rule 58i s not the registered proprietor he shall enter on that document his name and address and sign a statement thereon to the effect that he is directed by the proprietor to pay the renewal fee.
(Enacted 1992)
If on the expiration of the last registration of a trade mark a renewal fee has not been paid, the Registrar shall advertise that fact forthwith in the Gazette and if within 1 month from the date of the advertisement the notice or replica referred to in rule 58(1)(a) or Form TM-No. 27 is filed together with the renewal fee and the prescribed additional fee he shall renew the registration without removing the mark from the register.
(Enacted 1992)
If the renewal fee and the prescribed additional fee have not been paid by the end of the period of 1 month referred to in rule 59, the Registrar may remove the mark from the register as of the expiration of the last registration; but upon the filing of Form TM-No. 29 together with the renewal fee and the prescribed restoration fee he may restore the mark to the register and renew its registration upon such conditions as he may think fit if satisfied that it is just to do so.
(Enacted 1992)
Where a trade mark has been removed from the register, the Registrar shall cause to be entered in the register a record of the removal and of its cause.
(Enacted 1992)
Upon the renewal or restoration and renewal of a registration, a notice to that effect shall be sent to the registered proprietor and the renewal or restoration and renewal shall be advertised in the Gazette.
(Enacted 1992)
Rule 63
�Application to rectify or remove a trade mark from the register
�
RECTIFICATION AND CORRECTION OF REGISTER (SECTIONS 37, 48, 49, 50 AND 57)
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(Enacted 1992)
Expanded Cross Reference: 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31
(Enacted 1992)
(Enacted 1992)
(1) A request to the Registrar under section 50 for the alteration of the register shall be made by filing Form TM-No. 32 , Form TM-No. 33 , Form TM-No. 34 , Form TM-No. 35 , Form TM- No. 36 , Form TM-No. 37 or Form TM-No. 38 , as may be appropriate.
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(2) Where it appears to the Registrar that the description formerly entered in the register of the registered proprietor or registered user of a trade mark is no longer correct, he may, if he thinks fit, remove it from the register.
(Enacted 1992)
In the case of a request under section 50, the Registrar may require such evidence by statutory declaration or otherwise as he may think fit as to the circumstances in which the application is made.
(Enacted 1992)
Before deciding on a request made under section 50(1)(e) for the entry of a disclaimer or memorandum, the Registrar shall advertise the request in the Gazette in order to enable any person wishing to do so to state, within 2 months from the date of the advertisement, any reasons in writing against the making of the entry.
(Enacted 1992)
(Enacted 1992)
ALTERATION OF REGISTERED TRADE MARK (SECTION 51)
Application under section 51 for addition to or alteration of a registered trade mark shall be made by filing Form TM-No. 40t ogether with 6 representations of the mark as it will appear when added to or altered; and every such representation shall, subject to rule 13 , comply with rule 12 .
(Enacted 1992)
Rule 71
�Advertisement before decision
�
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Expanded Cross Reference: 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31
(Enacted 1992)
If the Registrar decides to allow an application filed in accordance with rule 70 he shall add to or alter the mark in the register in accordance with the application, and unless the application has been advertised under rule 71(1) and no notice has been given under rule 71(2) he shall advertise the mark in the Gazette as added to or altered.
(Enacted 1992)
In connection with an application to alter a registered trade mark the Registrar may for the purposes of advertisement at any time require the applicant to comply with rule 22(5) , if in the opinion of the Registrar an advertisement describing the addition or alteration in words would not be likely to be understood by persons interested in the matter.
(Enacted 1992)
CLASSIFICATION (SECTIONS 8 AND 54)
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which the specifications have been converted in accordance with rule 75 , goods are classified in the manner appearing in Part 1of Schedule 4 .
(3) For the purposes of registrations of trade marks relating to services, services are classified in the manner appearing in Part 2of Schedule 4.
(Enacted 1992)
(Enacted 1992)
(Enacted 1992)
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(Enacted 1992)
DEFENSIVE TRADE MARKS (SECTIONS 55 TO 57)
(Enacted 1992)
REGISTERED USERS (SECTIONS 58 TO 63)
An application to the Registrar for the registration under section 58 of a person as a registered user of a registered trade mark shall be made by that person and the registered proprietor by filing Form TM-No. 45 .
(Enacted 1992)
Rule 80
�Entry of registered user
�
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(Enacted 1992)
An application by the registered proprietor of a trade mark for the variation of the registration of a registered user of that trade mark under section 60(1)(a) shall be made by filing Form TM- No. 46 , together with a statement of the grounds on which it is made, and, where the registered user in question consents, with the written consent of that registered user.
(Enacted 1992)
An application by the registered proprietor or any registered user of a trade mark for the cancellation of the registration of a registered user of that trade mark under section 60(1)(b) shall be made by filing Form TM-No. 47t ogether with a statement of the grounds on which it is made.
An application by any person for the cancellation of the registration of a registered user under section 60(1)(c) shall be made by filing Form TM-No. 47 together with a statement of the grounds on which it is made.
(Enacted 1992)
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(Enacted 1992)
(Enacted 1992)
DISCRETIONARY POWER (SECTION 74)
Before exercising adversely to any person any discretionary power given to the Registrar by the Ordinance, or these rules, the Registrar shall, if so required by the person who would be so affected, hear him on the subject.
(Enacted 1992)
Except where rule 18 or 19 applies a request under rule 86 for a hearing shall be filed within 1 month from the date on which the person filing the request receives notice sent by the Registrar of any objection to an application or of any other proposal to exercise a discretionary power.
(Enacted 1992)
Rule 88
�Notice of hearing
�
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(Enacted 1992)
(Enacted 1992)
POWER TO DISPENSE WITH EVIDENCE, ETC.
Where under these rules any person is required to do any act or thing, or to sign any document, or to make any declaration on behalf of himself or of any body corporate, or any document or evidence is required to be filed with the Registrar, and it is shown to the satisfaction of the Registrar that from any reasonable cause the person is unable to do the act or thing, or to sign the document, or to make the declaration, or that the document or evidence cannot be filed as aforesaid, it shall be lawful for the Registrar, upon the filing of such other evidence, and subject to such terms as he may think fit, to dispense with any such act or thing, signature, declaration, document or evidence.
(Enacted 1992)
EXTENSION OF TIME
If in any particular case the Registrar is satisfied that the circumstances are such as to justify an extension of the time for doing any act or taking any proceeding under these rules, not being a time expressly provided in the Ordinance or prescribed by rule 45(3) or 49(5) , he may extend the time for so doing upon such terms as he may direct, and shall give notice thereof to other interested parties. The extension may be granted though the time has expired for doing the act or taking the proceeding in question.
(Enacted 1992)
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Whenever the last day fixed by the Ordinance, or by these rules, for doing any act or thing at the Registry shall fall on a day when the Registry is closed for the transaction of business or on a Saturday, such day shall be an excluded day for the purposes of the Ordinance and these rules, and it shall be lawful to do the act or thing on the first day following such excluded day which is not an excluded day.
(Enacted 1992)
POWER TO TAX COSTS
The Registrar shall have power to tax any costs awarded by him under the Ordinance.
(Enacted 1992)
FEES
(1) The fees to be paid in relation to trade marks shall be those specified in Schedule 1 and in any case where a form listed in that Schedule in relation to any matter is required to be used that form shall be filed together with the fee specified in respect of that matter.
(2) Fees shall be paid by such means, and in such manner, as the Registrar directs.
(Enacted 1992)
FORMS
The forms mentioned in these rules are those contained in Schedule 2 , modified as necessary to enable them to be used and such forms shall be used in all cases in which they are applicable and may be modified as directed by the Registrar to meet other cases.
(Enacted 1992)
DOCUMENTS
Subject to any other directions that may be given by the Registrar, all applications, notices, statements, representations, or other documents authorized or required by the Ordinance or by these
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rules to be filed with the Registrar shall be upon strong paper of a size of approximately 210 × 297 mm, and, except in the case of statutory declarations and affidavits, on one side only, and shall have on the left-hand side thereof a margin of not less than 40 mm.
(Enacted 1992)
(Enacted 1992)
(Enacted 1992)
Any document filed in any proceedings before the Registrar and any drawing or other representation of a trade mark may, if the Registrar thinks fit, be amended, and any irregularity in procedure in or before the Registry may be rectified, on such terms as the Registrar may direct.
(Enacted 1992)
Rule 99
�Address
�
ADDRESS
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Where any person is by the Ordinance or these rules bound to file with the Registrar an address, the address given shall in all cases be as full as possible, for the purpose of enabling any person easily to find the place of trade or business or residence of the person whose address is given. The Registrar may require the address to include the name of the street, and the number in the street or name of the premises, if any.
(Enacted 1992)
(Enacted 1992)
of discontinuance of the entered address or otherwise, so that the entry in the register is rendered incorrect shall forthwith, by filing Form TM-No. 32 or Form TM-No. 38 , as appropriate, request the Registrar to make the appropriate alteration of the address in the register.
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amended so as to give particulars of each registration; and the Registrar may, on proof that the address is that of the applicant and if satisfied that it is just to do so, alter the register accordingly.
(Enacted 1992)
AGENTS
(Enacted 1992)
CERTIFICATES
(Enacted 1992)
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Remarks:
Amendments retroactively made — see 23 of 1998 s. 2
Where a mark is registered without limitation of colour the Registrar may, for the purpose of obtaining registration outside Hong Kong, give a certificate of its registration either in the colour in which it appears in the register or in any other colour or colours; but in the latter case the certificate shall be marked: “FOR USE IN OBTAINING REGISTRATION OUTSIDE HONG KONG ONLY”.
(Enacted 1992. 23 of 1998 s. 2)
Remarks:
Amendments retroactively made — see 23 of 1998 s. 2
(Enacted 1992. 23 of 1998 s. 2)
DECLARATIONS
(1) The statutory declarations required by the Ordinance, and these rules, or used in any proceedings thereunder, shall be made and subscribed as follows
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(c) �if made out of Her Majesty’s dominions-before a British minister or person exercising the function of a British minister, or a British consul, vice-consul or other person exercising the functions of a British consul, or before a notary public, or a judge or magistrate.
(2) A person signing the declaration by virtue of the provisions of rule 96 shall state thereon the capacity in which he makes the declaration.
(Enacted 1992)
Any document purporting to have affixed, impressed or subscribed thereto or thereon the seal or signature of any person authorized by rule 106 to take a declaration in testimony that the declaration was made and subscribed before him, may be admitted by the Registrar without proof of the genuineness of the seal or signature or of the official character of the person or his authority to take the declaration.
(Enacted 1992)
SEARCH
(Enacted 1992)
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APPLICATIONS AND APPEALS TO THE COURT
(Enacted 1992)
Every application to the Court under the Ordinance whether by way of appeal or otherwise shall be served on the Registrar.
(Enacted 1992)
ORDERS OF THE COURT
(1) Where an order is made by the Court in any case under the Ordinance, the person in whose favour the order is made or, if there is more than one, such one of them as the Registrar may direct, shall file an office copy of the order and, if rectification or alteration of the register is required, Form TM-No. 53 .
(2) The register shall, where appropriate, be rectified or altered by the Registrar accordingly.
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(Enacted 1992)
�
Whenever an order is made by the Court under the Ordinance the Registrar may, if he thinks that the order should be made public, cause it to be published in the Gazette by and at the expense of the person in whose favour the order has been made, or such one of them, if more than one, as the Registrar may direct.
(Enacted 1992)
DAYS AND HOURS OF BUSINESS
The Registry shall be open to the public—
p.m. and between the hours of 1:30 p.m. and 4:00 p.m., and on Saturdays between the hours of 9:30 a.m. and 11:30 a.m.
(Enacted 1992)
(Omitted as spent)
Expanded Cross Reference: 103 , 104 , 105
[rule 93] | |||
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Fee No. 1. | Matter or Proceeding On request for the Registrar’s preliminary advice under section 73 and rule 8, for each trade mark submitted in respect of one class | Amount $ 270 | Form No. (Schedule 2) TM-No. 2 |
2. 3. HK | For a search under rule 108(1) for each trade mark in respect of one class On application not otherwise charged to register a trade Marks, Rules (Consolidation), 1992 (1999), No. 5 (No. 22) | 270 1400 | TM-No. 2 TM-No. 3 or Page 36 / 102 |
---|
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4. 5. 6. 7. 8. 8a. 9. 10. 10a. | mark (section 13(1), and rule 9(1)) or a series of trade marks (section 26(1) and rule 14) or a certification trade mark (section 64 and rule 50) for a specification of goods or services included in one class On a request to the Registrar to state grounds of decision relating to an application to register a trade mark, and materials used (section 13(4) and rule 20) On notice of opposition before the Registrar under section 15 and rule 23, or under section 66(1) and rule 54(1), or under section 66(2) and rule 54(2), for each application opposed, by opponent On lodging a counter-statement in answer to a notice of opposition under section 15 and rule 24, for each application opposed, by the applicant; or in answer to an application under section 37, 48, 49 or 57, by the proprietor in respect of each trade mark; or in answer to a notice of opposition under section 51 or 54, for each application or conversion opposed, by the proprietor; or in answer to a notice of opposition under section 66(1) and rule 54(1), or under section 66(2) and rule 54(2), or in answer to an application under section 68(2) and rule 56, for each application On the hearing of each opposition under 1750 TM-No. 8 section 15 and rule 30, by the applicant and by the opponent respectively; or on the hearing of an application under section 37, 48, 49, 57 or 68(2), by the applicant and by the proprietor respectively; or on the hearing of an opposition under section 51 or 54, by the proprietor and by the opponent respectively; or on the hearing of an opposition under section 66(1) and rule 54(1), or under section 66(2) and rule 54(2) by the applicant and the opponent respectively For registration of a trade mark (including a certification or defensive trade mark) or a series of trade marks for a specification of goods or services included in one class (Repealed L.N. 541 of 1994) On application, under section 24(2) and rule 39(2), to dissolve the association between registered trade marks On application, under section 43 and rule 40, to register a subsequent proprietor in a case of assignment or transmission of a single trade mark On application, under section 43 and rule 40, to register a subsequent proprietor of more than one trade mark standing in the same name, the devolution of title being the same in each ease— | 1750 900 600 1750 2000 900 900 | TM-No. 20 appropriate TM-No. 5 TM-No. 6 TM-No. 22 appropriate TM-No. 7 TM-No. 9 TM-No. 12 TM-No. 14 TM-No. 14 | as or as |
11. | (a) for the first mark (b) for every other mark On application, under section 18(3) and rule 45(3), for extension of time for registering a corporation as subsequent proprietor of trade marks on | 900 120 600 | TM-No. 16 |
one assignment
12. �On application for certificate of the Registrar, under section 41(5) and section 41A(5) and rule 48
13. �On application, under sections 41(6) and 41A(6) and rule 49(1), for directions by the Registrar for advertisement of assignment of trade marks in use, without goodwill—
14. �On application, under sections 41(6) and 41A(6) and rule 49(5), for extension of time for applying for directions for advertisement of assignment of trade marks in use, without goodwill, in respect of one devolution of title
19. �On request, under section 68(1) and rule 55(1), by the registered proprietor of a certification trade mark to permit alteration of the deposited regulations thereof—
900 60 | TM-No. 17 TM-No. 18 | |
---|---|---|
500 60 600 | TM-No. 19 | |
TM-No. 25 | ||
600 120 | ||
1100 | TM-No. 26 | |
4100 550 1650 1750 | TM-No. 27 TM-No. 29 appropriate TM-No. 27 TM-No. 29 TM-No. 30 | or as |
900 | TM-No. 31 | |
TM-No. 32 | ||
270 60 270 | TM-No. 33 |
Legislative Texts
clerical error in register
28. �On application, under section 50 and rule 66(1), to change the name of a proprietor or a registered user of a single trade mark where there has been no change in the proprietorship or in the identity of the user
28a. �On application, under section 50 and rule 66(1), to change the name of a proprietor or a registered user of more than one trade mark standing in the same name, where there has been no change in the proprietor or in the identity of the user, the change being the same in each case—
32. �On request to enter in the register and advertise a certificate of validity, under section 75 and rule 69—
33. �On application to the Registrar, under section 51 and rule 70, for leave to add to or alter a single registered trade mark
33a. �On application to the Registrar, under section 51 and rule 70, for leave to add to or alter more than one registered trade mark of the same proprietor, being identical marks, the addition or alteration to be made, in each case, being the same—
270 | TM-No. 34 | |
---|---|---|
TM-No. 34 | ||
270 60 270 | TM-No. 35 36 | or |
500 | TM-No. 37 | |
350 60 900 | TM-No. 39 TM-No. 40 | |
TM-No. 40 | ||
900 500 900 | TM-No. 41 | |
270 | TM-No. 42 | |
TM-No. 43 | ||
900 120 1800 | TM-No. 44 |
Legislative Texts Legislative Texts
38. 38a. | specification of goods or services included in one class On application, under section 58 and rule registered trade mark in respect of goods or services within the specification thereof On application, under section 58 and rule 79, to enter the same registered user of 79, to enter a registered user of a more than one registered trade mark of the same registered proprietor in respect of goods or services within the respective specifications thereof and subject to the same conditions and restrictions in each case— | 1100 | TM-No. 45 TM-No. 45 |
39. 39a. 40. 40a. | (a) for the first mark (b) for every other mark of the proprietor included in the application and statement of case On application by the proprietor of a single trade mark, under section 60(1)(a) and rule 81, to vary the entry of a registered user thereof On application by the proprietor of more than one trade mark under section 60(1)(a) and rule 81, to vary the entries of a registered user thereof— (a) for the first mark (b) for every other mark of the proprietor for which the same user is registered, included in the application On application by the proprietor or registered user of a single trade mark, under section 60(1)(b) and rule 82, for cancellation of the entry of a registered user thereof On application by the proprietor or registered user of more than one trade mark, under section 60(1)(b) and rule 82, for cancellation of the entries of a registered user thereof— | 1100 120 900 900 120 900 | TM-No. 46 TM-No. 46 TM-No. 47 TM-No. 47 |
41. | (a) for the first mark (b) for every other mark of the proprietor for which the same user is registered, included in the application On application under section 60(1)(c) and rule 83, to cancel the entry of a registered user of a single trade mark | 900 60 900 | TM-No. 47 |
41a. | On application under section 60(1)(c) and rule 83, to cancel the entries of a registered user of more than one trade mark— | TM-No. 47 | |
42. | (a) for the first mark (b) for every other mark of the same proprietor for which the same user is registered included in the application On notice under section 61 and rule 84(2) of intention to intervene in one proceeding for the variation or cancellation of entries of a registered user of trade marks | 900 60 900 | TM-No. 49 |
43. | For certificate of the Registrar (other than certificate under section 17(3)), under rules 103 to 105, of the registration of a trade mark or a series trade marks <* Note— Exp. x-Ref: Rules 103, 104, 105 * > | 270 | TM-No. 51 |
(Enacted 1992. L.N. 379 of 1993; L.N. 541 of 1994; L.N. 438 of 1997; L.N. 472 of 1997)
Schedule 2
�FORMS
�
Expanded Cross Reference: 103, 104, 105
Remarks:
Amendments retroactively made — see 23 of 1998 s. 2
[rule 94]
Legislative Texts
Form No. TM-No. 2
TM-No. 3 TM-No. 3A TM-No. 5
TM-No. 6
TM-No. 7 TM-No. 8 TM-No. 9 TM-No. 10
TM-No. 12 TM-No. 14 TM-No. 16
TM-No. 17
TM-No. 18
TM-No. 19
TM-No. 20 TM-No. 22
TM-No. 25 TM-No. 26
TM-No. 27
Description
�
Request, under section 73 and rule 8, for Registrar’s preliminary advice on registrability and request for search under rule 108(1) (L.N. 299 of 1996) Application for registration of trade mark or series of trade marks (other than defensive or certification trade marks) Additional representation of trade mark to be filed together with an application for registration Request for statement of Registrar’s grounds of decision Notice of opposition before Registrar to application for registration of a trade mark (other than a certification trade mark under section 66(2) and rule 54(2)) Counter-statement to opposition, rectification, or conversion before Registrar Notice to Registrar of attendance at hearing in opposition matter, or in rectification, removal or certain other proceedings Application for entry of trade mark in register and issue of certificate of registration (L.N. 541 of 1994) Certificate of registration of a trade mark Application to Registrar, under section 24(2) and rule 39(2), to dissolve association between registered trade marks Request, under rule 40, to be registered as subsequent proprietor Application, under section 18(3) and rule 45(3), for extension of time to request registration of corporation-assignee as subsequent proprietor Application for certificate of Registrar under sections 41(5) and 41A(5) and rule 48 with reference to proposed assignment of a registered trade mark Application, under sections 41(6) and 41A(6) and rule 49(1), for Registrar’s directions for advertisement of assignment of trade mark in use, without goodwill Application, under sections 41(6) and 41A(6) and rule 49(5), for extension of time in which to apply for directions for advertisement of assignment of trade mark in use, without goodwill Application, under section 64 and rule 50, for the registration of a certification trade mark Notice to Registrar, under section 66(2) and rule 54(2) of opposition to an application for registration of a certification trade mark Request, under section 68(1) and rule 55(1), for consent of Registrar to alteration of certification trade mark regulations Application to Registrar, under section 68(2) and rule 56(1), for expunging or varying an entry in register relating to a certification trade mark or varying the deposited regulations Application, under section 45 and rule 58, for renewal of registration of a trade mark and forwarding additional fee, under rule 59, to accompany renewal fee within 1 month after
Fee No. (Schedule 1) 1 and/or 2
3
—
4
5
6 7 8
—
9 10 or 10a 11
12
13
14
3
5
19
20
21 and 22 (if
�appropriate)
�
Legislative Texts
TM-No. 29 TM-No. 30 TM-No. 31
TM-No. 32 TM-No. 33 TM-No. 33A TM-No. 34
TM-No. 35 TM-No. 36
TM-No. 37 TM-No. 38 TM-No. 39 TM-No. 40 TM-No. 41 TM-No. 42 TM-No. 43
TM-No. 44 TM-No. 45 TM-No. 46 TM-No. 47 TM-No. 49
TM-No. 50 TM-No. 51 Application, under rule 65(1), for leave to intervene in proceedings for rectification of register or removal of trade mark from register Application, under section 50 and rule 66(1), for alteration of trade or business address in register Request for correction of clerical error in register or amendment of application Additional representation of trade mark to be filed together with request for permission to amend a trade mark under application Request, under section 50 and rule 66(1), to enter change of name of registered proprietor, or registered user, of trade mark on register Application by registered proprietor, under section 50(1)(c) and rule 66(1), for cancellation of entry of trade mark in register Request by registered proprietor, under section 50(1)(d) and rule 66(1), to strike out goods or services from those for which trade mark is registered Request by registered proprietor, under section 50(1)(e) and rule 66(1), to enter a disclaimer or memorandum in register Request, under rule 100 or 101, for entry, alteration or cancellation in the register of address for service Request, under section 75 and rule 69, for entry on register and advertisement of certificate of validity Application, under section 51 and rule 70, for addition to or alteration of registered trade mark Notice of opposition, under section 51(2) and rule 71(2), to application to add to or alter a registered trade mark Application, under section 54 and rule 75(1), for conversion of specification from Schedule 3to Schedule 4 Notice of opposition, under section 54(3) and rule 76(2), to proposal for conversion of specification from
advertisement of non-payment of renewal fee | |||||||||||||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Application | for | restoration | and | renewal | of | a | trade | mark | |||||
removed from register for non-payment of fee | |||||||||||||
Application, | under | rule 63, | for | rectification | of | register | or | ||||||
removal of trade mark from register |
Schedule 3 to Schedule 4 Application, under sections 55 and 55A and rule 78(1), for registration of a defensive trade mark Application, under section 58 and rule 79, for registration of a registered user Application by a registered proprietor, under section 60(1)(a) and rule 81, for variation of the entry of a registered user Application under section 60(1)(b) and (c)and rules 82 and 83, for cancellation of entry of registered user Notice, under section 61 and rule 84(2), of intention to intervene in proceedings for variation or cancellation of an entry of a registered user Authorization of agent, under rule 102(4) Request for general certificate of Registrar, under
21 and 23
�24
�25
�
26 27
— 28 or 28a
29 29
30
—
�
32
�33 or 33a
�34
�35
�36
�
37
�38 or 38a
�39 or 39a
�40, 40a, 41 or
�41a
�42
�
—
43
Legislative Texts
rules 103 to 105 | ||||||
---|---|---|---|---|---|---|
TM-No. 53 | Notice of order of court for alteration or rectification of register | 45 | ||||
(rule 111) | ||||||
TM-No. 54 | Notice, under section 92(6) and rule 15A, electing to have the | 50 | ||||
registrability of | a | mark determined in accordance with the | ||||
Ordinance, | as | amended by the Intellectual Property (World | ||||
Trade Organization Amendments) Ordinance 1996 (11 of 1996) | ||||||
(L.N. 299 of 1996) |
See Schedule 1 to the Trade Marks Rules for details of fees
Mark the appropriate box with an X You may mark either or both requests I and II
TRADE MARKS ORDINANCE (CHAPTER 43) | Fee No. 1 and/or 2 Form TM-No. 2 |
---|---|
I. Request for Search under Rule 108(1) II. Request for Registrar’s Preliminary Advice as to Distinctiveness or Capability of Distinguishing under Section 73 and Rule 8 | FOR OFFICIAL USE |
I. I. Request for search to ascertain whether any | |
trade marks are on record which resemble the trade mark a representation of which is shown below (rule 108(1)) and/or II. Request for Registrar’s preliminary advice as to whether the trade mark a representation of which is shown below appears to be prima facie inherently adapted to distinguish or inherently capable of distinguishing the goods or services to be registrable in Part A or Part B of the register within the requirements of section 9 or 10 respectively (section 73 and rule 8) |
Legislative Texts
A representation of the mark should be affixed in this space. If the representation exceeds the space then part of the representation should be affixed. Two duplicate representations should be filed together with the form. A mark must be visually perceptible and capable of being represented graphically if it is not a word or a picture. This means you may need to give a clear description of the mark in this space
Complete ifnoagent
�
Hong Kong
Legislative Texts
(L.N. 299 of 1996)
TRADE MARKS Form TM-No. 3 ORDINANCE (CHAPTER 43)
Fee No. 3 Application for Registration of a Trade Mark or Series of Trade Marks 01 Part of the register in
FOR OFFICIAL USE which the application is made 02 Class of goods or services in which the application is made 03 Application made under
Appl. No.: section 26(1) for a series of
Reg. No.:
marks 04 Applicant’s details
Name
Address
Kind of incorporation ________________________________
Code Country of incorporation______________________________
State of incorporation (if appropriate)
�05 Application to be considered under International Convention/Priority
�
6. Agent’s details Name Address |
---|
Agent’s own reference |
Signature Date 19 ________________________ _________________ 19___ Day Month Year Name (BLOCK LETTERS) ____________________________________ Official capacity of signatory ___________________________________ |
See rules 96 and 102
�
See Schedule 1 to the Trade Marks Rules for details of fees
Country ___________________ Date______________
HK Marks, Rules (Consolidation), 1992 (1999), No. 5 (No. 22) Page 46 / 102
Legislative Texts Legislative Texts
08 If this application is made under section 18(1)(b), tick this box. A Form TM-No. 45 must accompany the application | FOR OFFICIAL USE | |
---|---|---|
09 Agent’s details Name Address | Agent Code | |
Agent’s own reference |
010 Address for service Name Address | |
---|---|
011 Signature ______________________________________ Applicant/Agent for applicant Name (BLOCK LETTERS)____________ Official capacity of signatory __________ Date _____ _______ 19 ___ Day Month Year |
See rules 96 and 102
�
(L.N. 299 of 1996) Application No. _______________________
TRADE MARKS ORDINANCE (CHAPTER 43) FORM TM-No. 3A No Fee |
---|
Additional Representation of Trade Mark to be filed together with an Application for Registration |
Legislative Texts
Fix one representation of the mark in the space opposite. It must correspond in all respects exactly with the representation on the application. The remaining 14 copies of the representation of the mark are not to be attached to this form or to the application form. A mark must be visually perceptible and capable of being represented graphically if it is not a word or a picture. This means you may need to give a clear description of the mark in this space
If the mark is not a word or a picture, please indicate here (for example, 3-dimensional) |
---|
Name of applicant (BLOCK LETTERS) |
(L.N. 299 of 1996)
�
See Schedule 1 to the Trade Marks Rules for details of fees If the Registrar has made any requirements to which the applicant does not object, the applicant shall comply with them before the Registrar
will issue | the | |
---|---|---|
grounds | of | his |
decision |
Form TM-No. 5 TRADE MARKS ORDINANCE (CHAPTER 43) Fee No. 4 | |||
---|---|---|---|
Request to the Registrar for Statement of Grounds of Decision | FOR OFFICIAL USE | ||
1. Application No. | Trade Mark | Class No. |
Legislative Texts
Insert written particulars of the trade mark. If the trade mark includes a device refer only to “a device”
See rules 96 and 102
See Schedule 1 to the Trade Marks Rules for details of fees This form must be filed in duplicate
Insert written particulars of the trade mark. If the trade mark includes a device refer only to “a device”
2. Name of applicant or agent requesting the statement of grounds of decision and the address to which the decision should be sent Name Address |
---|
3. Agent’s own reference |
4a Date of hearing ___________________ 19 Day Month Year |
4b Date of Registrar’s decision ___________________ 19 Day Month Year |
Signature Date ___________________ 19 Day Month Year |
Name (BLOCK LETTERS) |
Official capacity of signatory |
TRADE MARKS ORDINANCE (CHAPTER 43) | Form TM-No. 6 | ||
---|---|---|---|
Fee No. 5 | |||
Notice of Opposition to Application for Registration of a Trade Mark | FOR OFFICIAL USE | ||
1. Number of the application against which opposition is lodged | Trade Mark | Class No. | |
2. Details of the Gazette in which the above application was advertised Date ______________________ Gazette No.____________ Page _________ Day Month Year | |||
3. Full name of applicant | |||
4. Opponent’s details |
Legislative Texts
Set out in full the grounds for opposition. If registration is opposed on the ground that the mark resembles any mark already on the register or the subject of a current application, the number of that mark or for a current application which has been advertised, the date, number and page of the Gazette in which it has been advertised should also be given
An opponent who is resident outside Hong Kong must give a Hong Kong address for service to which all correspondence from the Trade Marks Registry will be sent
Name Address | |
5. Grounds of opposition to registration | |
6. Agent’s details Name Address | |
Agent’s own reference | |
7. Address for service | |
8. Signature | Date |
Legislative Texts
_______________________ 19 Day Month Year Name (BLOCK LETTERS) ___________________________________ See rules 96 and 102
Official capacity of signatory __________________________________
(23 of 1998 s. 2)
�
See Schedule 1 to the Trade Marks Rules for details of fees This form must be filed in duplicate
Complete the appropriate column Only one column should be completed
TRADE MARKS ORDINANCE (CHAPTER 43) | Form TM-No. 7 | |
---|---|---|
Fee No. 6 | ||
Form of Counter-Statement for Opposition, Rectification, Alteration or Conversion | FOR OFFICIAL USE | |
Oppositions | Rectifications, Alterations or Conversions | |
(1) Number of the trade mark application which is being opposed | (1) Registration number of the trade mark for rectification, alteration or conversion | |
(2) Name of applicant for registration opposed | (2) Name of registered proprietor | |
(3) On a separate sheet of paper provide the following information Details of grounds upon which the applicant relies as supporting his application Details of any allegations in the notice of opposition that the applicant is admitting | (3) On a separate sheet of paper provide the following information Details of the grounds upon which the registered proprietor relies as supporting his registration or conversion Details of any allegations in the notice of rectification, alteration or conversion that the registered proprietor is admitting | |
(4) Agent’s details Name Address | ||
Agent’s own reference |
Hong Kong
Legislative Texts
(5) Address for service
Signature Date 19
Day Month Year Name (BLOCK LETTERS) ______________________________ Official capacity of signatory _____________________________
(23 of 1998 s. 2) An applicant or registered proprietor who is resident outside Hong Kong must give a Hong Kong address for service to which all correspondence from the Trade Marks Registry will be sent
See rules 96 and 102
See Schedule 1 to the Trade Marks Rules for details of fees
Mark the appropriate box with an X
If the hearing is in respect of other matters please give details
Form TM-No. 8 TRADE MARKS ORDINANCE (CHAPTER 43) Fee No. 7 | ||
---|---|---|
Notice to the Registrar of Attendance at Hearing | FOR OFFICIAL USE | |
1. Application/Registration No. of trade mark in respect of which the hearing is to be held | Class No. | |
2. Reason for hearing Opposition to registration Rectification of the register Other matters and details ________________________________________________________ | ||
3. I confirm that the hearing of the Registrar in the Time (hours) above matter arranged for _________________________ will be attended by me/us or, by some person on Date my/our behalf 19 Day Month Year |
Hong Kong
Legislative Texts
4. Address for service
Signature Date 19
Day Month Year Name (BLOCK LETTERS) ______________________________ Official capacity of signatory _____________________________
(23 of 1998 s. 2) If the applicant for the hearing is resident outside Hong Kong a Hong Kong address must be given, to which all correspondence from the Trade Marks Registry will be sent
See rules 96 and 102
See Schedule 1 to the Trade Marks Rules for details of fees
Insert written particulars of the trade mark. If the trade mark includes a device refer only to “a device”
An applicant who is resident outside Hong Kong must give a Hong Kong address for service to which all correspondence from the Trade Marks Registry will be sent
Form TM-No. 9 TRADE MARKS ORDINANCE (CHAPTER 43) Fee No. 8 | |||
---|---|---|---|
Application for Entry of a Trade Mark in the Register and issue of Certificate of Registration | FOR OFFICIAL USE | ||
1. Application No. | Trade Mark | Class No. | |
2. Date of advertisement of the application in the Gazette 19 Gazette No. ____________ Page _____ Day Month Year | |||
3. Address for service Name Address | |||
Declaration |
Legislative Texts
See rules 96 and 102
�
I/We declare that any written undertakings given to the Registrar to send notice of the advertisement of the application to other proprietors have been fulfilled. To the best of my knowledge and belief, either the period or extended period for filing opposition to the application has expired without any notice of opposition having been filed, or any oppositions filed have finally been determined in favour of the applicant.
Applicant’s name ___________________________________________
Signature | Date | ||
---|---|---|---|
__________________________ | 19 | ||
Day | Month | Year | |
Name (BLOCK LETTERS) |
Official capacity of signatory _____________________________
�
(L.N. 541 of 1994; 23 of 1998 s. 2)
Form TM-No. 10
TRADE MARKS ORDINANCE
(CHAPTER 43)
CERTIFICATE OF REGISTRATION
It is hereby certified that the Trade Mark a specimen of which is hereunto annexed has been registered in Part of the Register in the name of
in Class in Under No. as of the date of ,19,
�respect of
�Sealed at my direction this day of ,19.
�Trade Marks Registry, for Registrar of Trade Marks
�Intellectual Property
�Department, Hong Kong.
�
Note: 1. Registration is for a period of 7 years from the date first above-mentioned. At the end of that period it may be renewed for 14 years, after which it may be renewed successively for further periods of 14 years.
(23 of 1998 s. 2)
See Schedule 1 to the
TRADE MARKS ORDINANCE Form TM-No. 12 Trade Marks Rules
(CHAPTER 43) Fee No. 9
for details of fees
Legislative Texts
Attention is drawn to section 24(2) and rule 39(2)
Insert written particulars of the trade mark. If the trade mark includes a device refer only to “a device”
If you do not have enough space use a separate sheet of paper Insert written particulars of the trade mark. If the trade mark includes a device refer only to “a device”
Registration No.
Application to Dissolve the Association
FOR OFFICIAL USE between a Registered Trade Mark and (an)other Registered Trade Mark(s)
1. Mark to have its association dissolved with those shown in Part 2
Registration No.
Trade Mark
Class
Trade Mark | Class |
____________________ | ________ |
____________________ | ________ |
____________________ | ________ |
____________________ | ________ |
____________________ | ________ |
attached on a separate sheet of paper | |||
---|---|---|---|
5. Agent’s details | |||
Name | |||
Address | |||
Agent’s own reference | |||
Signature | Date | ||
__________________________ | 19 | ||
Day | Month | Year |
Name (BLOCK LETTERS) ______________________________
�
See rules 96 and 102
�
Legislative Texts
Official capacity of signatory _____________________________
�
NOTE: An address for service if not already supplied should be filed on Form TM-No. 38.
See Schedule 1 to the Trade Marks Rules for details of fees An application under rule 36(2) and (3) for treatment of an assignee as an applicant for
registration may be made on this form but only at the same time as an application under rule 40 If you do not have enough space use a separate sheet of Paper
Enter the names of each subsequent proprietor. Names of individuals should be entered in full. The names of partners in a firm must be given in full. Bodies corporate should be designated by their corporate Name
Attach an attested copy of the instrument under which the transferee claims ownership Mark the appropriate box with an X
Form TM-No. 14 TRADE MARKS ORDINANCE (CHAPTER 43) Fee No. 10 | |||
---|---|---|---|
Application to Register a Subsequent Proprietor of a Trade Mark upon the same Devolution of Title | FOR OFFICIAL USE | ||
1 Registration or Application No. and Class No. of the mark(s) which are to be assigned | |||
Registration or Application No. | Class No. | ||
2. Full name of registered proprietor | |||
3. Subsequent proprietor’s details Name Address Kind of incorporation ________________________________________ Country of incorporation______________________________________ State of incorporation (if appropriate) ___________________________ | |||
4. Full particulars of the instrument or assignment or transmission (if any) or statement of case Date of instrument of assignment ________ 19______ Day Month Year | |||
6. Was (Were) the mark(s) in use by the business in respect of the goods or services in question? | Yes | No |
Legislative Texts
When an assignment includes marks goodwill and others
without goodwill then the list of marks in Part 1 (and on any continuation sheets) should clearly indicate those being assigned without the goodwill of the business. For those marks assigned without goodwill and where the mark was in use, a
Form TM-No. 18
must be filed with this application NOTE New proprietors who are resident outside Hong Kong must give a Hong Kong address for service to which all correspondence from the Trade Marks Registry will be sent. Form TM-No. 38
should be used for this purpose See rules 96 and 102
If the mark(s) was (were) in use does the assignment include the goodwill of the business in the goods or services for which the mark(s) is (are) registered? | Yes | No |
---|---|---|
7. Agent’s details Name Address | ||
Agent’s own reference | ||
Signature Date __________________________ 19 Day Month Year Name (BLOCK LETTERS) ______________________________ Official capacity of signatory _____________________________ |
(23 of 1998 s. 2)
�
See Schedule 1 to the Trade Marks Rules for details of fees Attention is drawn to section 18(3) and rule 45(3)
Form TM-No. 16 TRADE MARKS ORDINANCE (CHAPTER 43) Fee No. 11 | |
---|---|
Application for Extension of Time for the Registration of the Name of a Corporation as subsequent Proprietor of a Trade Mark in the Register | FOR OFFICIAL USE |
Legislative Texts
Insert written particulars of the trade mark. If the trade mark includes a device refer only to “a device”
See rules 96 and 102
See Schedule 1 to the Trade Marks Rules for details of fees Attention is drawn to sections 41(5) and 41A(5) and rule 48
If you do not have enough space use a separate sheet of paper
1. Registration No | Trade Mark | Class No. |
---|---|---|
2. Extension of time Filing of this form at the Trade Marks Registry will be considered as a request for the maximum allowable extension period of 6 months, beyond the 6 months period allowed by section 45(2). | ||
3. * Applicant’s/Agent’s details Name Address | ||
Agent’s own reference | ||
Signature Date __________________________ 19 Day Month Year Name (BLOCK LETTERS) ______________________________ Official capacity of signatory _____________________________ |
Form TM-No. 17 TRADE MARKS ORDINANCE (CHAPTER 43) Fee No. 12 | ||
---|---|---|
Application for the Certificate of the Registrar in connection with a Proposed Assignment of a Registered Trade Mark | FOR OFFICIAL USE | |
1. Registration Nos. and Class Nos. of the marks for which a certificate is requested | ||
Registration No. | Class No. | |
2. Full name of registered proprietor | ||
3. Proposed assignee’s details Name |
Legislative Texts
See rules 96 and 102
�
Address |
---|
4. Statement of case A statement of case and one duplicate copy setting out fully the circumstances of the proposed assignment must be attached to the form together with a copy of the proposed assignment. |
5 Agent’s details Name Address |
Agent’s own reference |
Signature Date __________________________ 19 Day Month Year Name (BLOCK LETTERS) ______________________________ Official capacity of signatory _____________________________ |
NOTE: An address for service if not already supplied should be filed on form TM-No. 38.
�
See Schedule 1 to the Trade Marks Rules for details of fees Attention is drawn to sections 41(6) and 41A(6) and rule 49(1)
One attested copy of the instrument of assignment must be attached to this form Details of any unregistered trade marks assigned at the same time should be entered in this part
Form TM-No. 18 TRADE MARKS ORDINANCE (CHAPTER 43) Fee No. 13 | |||
---|---|---|---|
Application for Directions for the Advertisement of an Assignment of Trade Marks without the Goodwill of the Business | FOR OFFICIAL USE | ||
1. Registration No. | Class No. | Goods and services in respect of which the mark has been used and is assigned | |
2. Representation of mark and Application No. (if known) | Class No. | Goods and services in respect of which the mark has been used and is assigned | |
3. Full name of current registered proprietor (assignor) | |||
4. Applicant’s (i.e. assignee’s) details Name |
Enter the names of each subsequent proprietor. Names of
Legislative Texts
individuals should be entered in full. The names of partners in a firm should be given in full. Bodies corporate should be designated by their corporate name
See rules 96 and 102
See Schedule 1 to the Trade Marks Rules for details of fees Attention is drawn to sections 41(6) and 41A(6) and rule 49(5)
If the assignment is in respect of more than one registration give only the earliest number in the list of marks assigned
Address |
---|
5. Date of assignment 19 Day Month Year |
6. Suggested publications in which the advertisement of the assignment should appear |
7. Agent’s details Name Address |
Agent’ own reference |
Signature Date __________________________ 19 Day Month Year Name (BLOCK LETTERS) ______________________________ Official capacity of signatory _____________________________ |
Form TM-No. 19 TRADE MARKS ORDINANCE (CHAPTER 43) Fee No. 14 | |
---|---|
Application for Extension of Time in which to apply for the Registrar’s Directions for the Advertisement of an Assignment of Trade Marks without the Goodwill of the Business | FOR OFFICIAL USE |
1. Registration No. | Class No. |
Legislative Texts
The complete list of marks assigned must be provided with Form TM-No. 14 and Form TM-No. 18
* Delete as appropriate
See rules 96 and 102
2. Full name of current registered proprietor (assignor) |
---|
3. Filing of this form at the Trade Marks Registry will be considered as a request to extend by the maximum of 6 months, the period allowed for filing at the Trade Marks Registry of Form TM-No. 18 in connection with the mark shown at Part 1 and any others which are assigned with that mark. This form may be filed at any time before or during the period for which extension can be allowed. Date of assignment 19 Day Month Year |
4. * Applicant’s/Agent’s details Name Address |
Agent’s own reference |
Signature Date __________________________ 19 Day Month Year Name (BLOCK LETTERS) ______________________________ Official capacity of signatory _____________________________ |
See Schedule 1 to the
TRADE MARKS ORDINANCE
Form TM-No. 20 Trade Marks Rules
(CHAPTER 43) Fee No. 3
for details of fees Attention is drawn to
Application for Registration of a Certification Trade Mark section 64 and rule 50 01 Part of the register in
A
FOR OFFICIAL USE which the application is made A
02 Class of goods or services in which the application is made
Legislative Texts
Fix one representation of the mark in the space opposite. A mark must be visually perceptible and capable of being represented graphically if it is not a word or a picture. This means you may need to give a clear description of the mark in this space
Legislative Texts
08 Draft regulations (in duplicate) for governing the use of the certification trade mark(s) referred to in this application are * attached/will be submitted | FOR OFFICIAL USE |
---|---|
09 Agent’s details Name Address | Agent Code: |
Agent’s own reference | |
010 Address for service Name Address | |
011 Signature _____________________________________ Applicant/Agent for applicant Name (BLOCK LETTERS) ___________ Official capacity of signatory __________ Date 19 Day Month Year |
(L.N. 299 of 1996)
�
See Schedule 1 to the Trade Marks Rules for details of fees Attention is drawn to
section 66(2) and
rule 54(2)
This form must be filed in duplicate
TRADE MARKS ORDINANCE (CHAPTER 43) | Form TM-No. 22 | |
---|---|---|
Fee No. 5 | ||
Notice of Opposition to an Application for Registration of a Certification Trade Mark | FOR OFFICIAL USE | |
Legislative Texts
Insert written particulars of the certification trade mark. If the trade mark includes a device refer only to “a device”
Before setting out the grounds of opposition refer to section 66(2) If you do not have enough space use a separate sheet of paper
An Opponent who is resident outside Hong Kong must give a Hong Kong address for service to which all correspondence from the Trade Marks Registry will be sent
1. Application No. of the certification trade mark which is being opposed | Certification Trade Mark | Class No. |
---|---|---|
2. Details of the Gazette in which this application was advertised Date Gazette ____________________ No. ________ Page __________ Day Month Year | ||
3. Full name of applicant | ||
4. Opponent’s details Name Address | ||
5. Grounds of opposition to registration | ||
6. Agent’s details Name Address | ||
Agent’s own reference | ||
7. Address for service | ||
8. Signature Date __________________________ 19 Day Month Year |
Legislative Texts
Name (BLOCK LETTERS) ______________________________
See rules 96 and 102
Official capacity of signatory _____________________________
(23 of 1998 s. 2)
�
See Schedule 1 to the Trade Marks Rules for details of fees Attention is drawn to section 68(1) and
rule 55(1)
If you do not have enough space use a separate sheet of paper
Insert written particulars of the certification trade mark. If the certification trade mark includes a device refer only to“a device”
Legislative Texts
Name (BLOCK LETTERS) ______________________________
See rules 96 and 102
Official capacity of signatory _____________________________
NOTE: An address for service if not already supplied should be filed on Form TM-No. 38.
See Schedule 1 to the Trade Marks Rules for details of fees Attention is drawn to section 68(2) and
rule 56(1)
2 copies of this form must be filed Insert written particulars of the certification trade mark. If the certification trade mark includes a device refer only to “a device”
Mark the appropriate box with an X
2 copies of statement of case will have to be furnished
Form TM-No. 26 TRADE MARKS ORDINANCE (CHAPTER 43) Fee No. 20 | |||
---|---|---|---|
Application for an Order for the Expunging or Varying of an Entry in the Register relating to a Certification Trade Mark or Varying the deposited Regulations | FOR OFFICIAL USE | ||
1. Registration Nos. of the Certification Trade Mark | Certification Trade Mark | Class No. | |
2. Full name of current registered proprietor | |||
3. Applicant’s details Name Address | |||
4. This application is for Expunging of an entry in the register Variation of an entry in the register Variation of the deposited regulations | |||
5. Details of the application On a separate sheet of paper attach 2 copies of statement of case setting out fully the details and reasons for the application |
Legislative Texts
An applicant who is resident outside Hong Kong must give a Hong Kong address for service to which all correspondence from the Trade Marks Registry will be sent
See rules 96 and 102
See Schedule 1 to the Trade Marks Rules for details of fees Attention is drawn to section 45 and rule 58
6. Agent’s details Name Address |
---|
Agent’s own reference |
7. Address for service |
Signature Date __________________________ 19 Day Month Year Name (BLOCK LETTERS) ______________________________ Official capacity of signatory _____________________________ |
(23 of 1998 s. 2)
�
Form TM-No. 27 TRADE MARKS ORDINANCE (CHAPTER 43) Fee Nos. 21 and 22 | |
---|---|
Renewal of Registration of Trade Mark | FOR OFFICIAL USE |
1. Name of proprietor as entered on the register | |
2. Name and address of agent or address for service | |
Agent’s own reference | |
3. Payment of renewal fee Registration number Class Due date of renewal Fee ____________________ _____ _____________ If paying an addition fee tick this box | |
4. Details of person paying the fee (if not the registered proprietor) |
Legislative Texts
Name
�Address
�
Declaration
I declare that I am directed by the proprietor of the above numbered mark to pay the requested renewal fee.
Signature Date
__________________________ 19 Day Month Year
Name (BLOCK LETTERS) ______________________________ See rules 96 and 102 Official capacity of signatory _____________________________
NOTE: An address for service if not already supplied should be filed on Form TM-No. 38.
See Schedule 1 to the Trade Marks Rules for details of fees Attention is drawn to
rule 60
This | form | must | be | |
---|---|---|---|---|
filed | together | with | ||
both | the | prescribed |
restoration fee and the renewal fee
Form TM-No. 29 TRADE MARKS ORDINANCE (CHAPTER 43) Fee Nos. 21 and 23 | ||
---|---|---|
Application for the Restoration and Renewal of a Trade Mark removed from the Register through Non-payment of the Renewal Fee | FOR OFFICIAL USE | |
1. Registration No. of the mark for which the application for restoration to the register is made | Class No. | |
2. Name of proprietor as entered on the register | ||
3. Agent’s details Name Address | ||
Agent’s own reference | ||
4. Applicant’s details (if not the registered proprietor or his agent) Name |
Legislative Texts
Address
Signature Date
__________________________ 19 Day Month Year
Name (BLOCK LETTERS) ______________________________ See rules 96 and 102
Official capacity of signatory _____________________________
NOTE: An address for service if not already supplied should be filed on Form TM-No. 38.
See Schedule 1 to the Trade Marks Rules for details of fees Attention is drawn to
rule 63
Insert written particulars of the trade mark. If the trade mark includes a device refer only to “a device”
Where application is made by the registered proprietor this form must be filed with a statement of case
Where application is not made by the registered proprietor, 2 copies of this form must be filed together with 2 copies of a statement of case
Form TM-No. 30 TRADE MARKS ORDINANCE (CHAPTER 43) Fee No. 24 | |||
---|---|---|---|
Application for the Rectification of the Register or the Removal of a Trade Mark from the Register | FOR OFFICIAL USE | ||
1. Registration No. of the mark for which rectification or removal is sought | Trade Mark | Class No. | |
2. Full name of registered proprietor | |||
3. Applicant’s details Name Address |
Legislative Texts
Insert “Rectification” or “Removal” as appropriate
If you do not have enough space use a separate sheet of paper
An applicant for rectification or removal who is resident outside Hong Kong must give a Hong Kong address for service to which all correspondence from the Trade Marks Registry will be sent
See rules 96 and 102
�
4. Is this application for rectification or removal of a mark? |
---|
5. Grounds for the *rectification/removal of a mark applied for |
6. Agent’s details Name Address |
Agent’s own reference |
7. Address for service |
Declaration I declare that there is no action concerning the mark in question pending in the Court. Signature Date __________________________ 19 Day Month Year Name (BLOCK LETTERS) ______________________________ Official capacity of signatory _____________________________ |
(23 of 1998 s. 2)
�
See Schedule 1 to the | TRADE MARKS ORDINANCE | Form TM-No. 31 | ||||
---|---|---|---|---|---|---|
Trade | Marks | Rules | (CHAPTER 43) | Fee No. 25 | ||
for details of fees | ||||||
Attention is drawn to | Application for Leave to Intervene in Proceedings | FOR OFFICIAL USE | ||||
rule 65(1) | relating to Rectification or Removal of a Trade | |||||
Mark from the Register |
Legislative Texts
Insert written particulars of the trade mark. If the trade mark includes a device refer only to “a device”
If you do not have enough space use a separate sheet of paper
The intervenor who is resident outside Hong Kong must give a Hong Kong address for service to which all correspondence from the Trade Marks Registry will be sent
1. Registration No. of the mark for which rectification or removal is sought | Trade Mark | Class No. |
---|---|---|
2. Full name of registered proprietor | ||
3. Details of applicant for intervention Name Address | ||
4. Details of grounds of the application to intervene | ||
5. Agent’s details Name Address | ||
Agent’s own reference | ||
6. Address for service | ||
Signature Date |
Legislative Texts
__________________________ 19 Day Month Year
Name (BLOCK LETTERS) ______________________________ See rules 96 and 102
Official capacity of signatory _____________________________
(23 of 1998 s. 2)
�
See Schedule 1 to the Trade Marks Rules for details of fees Attention is drawn to section 50 and
rule 66(1)
If you do not have enough space use a separate sheet of Paper
See rules 96 and 102
TRADE MARKS ORDINANCE (CHAPTER 43) | Form TM-No. 32 | |
---|---|---|
Fee No. 26 | ||
Request for Alteration of Trade or Business Address in the Register of Trade Marks | FOR OFFICIAL USE | |
1. Registration No. ______________________________________ ______________________________________ ______________________________________ ______________________________________ | Class No. _________________ _________________ _________________ _________________ | |
2. Full name of * registered proprietor registered user currently on register applying for alteration | ||
3. New address to be entered on register | ||
4. Agent’s details Name Address | ||
Agent’s own reference | ||
Signature Date __________________________ 19 Day Month Year Name (BLOCK LETTERS) ______________________________ Official capacity of signatory _____________________________ |
Legislative Texts
NOTE: An address for service if not already supplied should be filed on Form TM-No. 38.
See Schedule 1 to the Trade Marks Rules for details of fees
Insert written particulars of the mark. If the mark includes a device refer only to “a device”
Form TM-No. 33 TRADE MARKS ORDINANCE (CHAPTER 43) Fee No. 27 | |||
---|---|---|---|
Request for Correction of Clerical Error in the Register or for Permission to amend an Application | FOR OFFICIAL USE | ||
01 *Application No. or Registration No. | Trade Mark | Class No. | |
02 Full name of *applicant/registered proprietor | |||
03 Details to be amended or corrected | FOR OFFICIAL USE | ||
CODES | |||
01 | |||
02 | |||
03 | |||
04 | |||
05 | |||
06 | |||
07 | |||
08 | |||
03 A If the mark is not a word or a picture, please indicate here (for example, 3dimensional) | |||
04 Agent’s details Name Address | |||
Agent’s own reference |
Legislative Texts
Signature Date
__________________________ 19 Day Month Year
Name (BLOCK LETTERS) ______________________________ See rules 96 and 102
Official capacity of signatory _____________________________
NOTE: An address for service if not already supplied should be filed on Form TM-No. 38.
(L.N. 299 of 1996) Application No. _______________________
Fix one representation of the mark in the space opposite. It must correspond in all respects exactly with the representation on Form TM-No. 33. The remaining copies of the representation of the mark are not to be attached to this form or to Form TM-No. 33. A mark must be visually perceptible and capable of being represented graphically if it is not a word or a picture. This means you may need to give a clear description of the mark in this space
TRADE MARKS ORDINANCE (CHAPTER 43) | Form TM-No. 33A |
---|---|
No Fee | |
Additional Representation of Trade Mark to be filed together with the Request for Permission to amend a Trade Mark under Application | |
If the mark is not a word or a picture, please indicate here (for example, 3-dimensional) | |
Name of applicant (BLOCK LETTERS) |
Legislative Texts
(L.N. 299 of 1996) | ||||||||||
---|---|---|---|---|---|---|---|---|---|---|
See Schedule 1 to the | TRADE MARKS ORDINANCE | Form TM-No. 34 | ||||||||
Trade | Marks | Rules | (CHAPTER 43) | Fee No. 28 or 28a | ||||||
for details of fees | ||||||||||
Attention is drawn to | Request to enter Change of Name of Registered | FOR OFFICIAL USE | ||||||||
section | 50 | and | Proprietor | or | Registered User of Trade Mark | |||||
rule 66(1) | upon the Register |
If you do not have enough space use a separate sheet of Paper
Enter the name of each applicant. Names of individuals should be entered in full. The names of partners in a firm should be given in full. Bodies corporate should be designated by their corporate name
1. Registration Nos. and Class Nos. of the marks affected by the change
Registration No Class No.
Agent’s own reference See rules 96 and 102
5. Declaration I declare that there has been no change in the actual proprietorship of the registered mark, or identity of the registered user
Signature �Date
__________________________ �19 Day Month Year
Legislative Texts
Name (BLOCK LETTERS) ______________________________
See rules 96 and 102
Official capacity of signatory _____________________________
NOTE: An address for service if not already supplied should be filed on Form TM-No. 38.
See Schedule 1 to the Trade Marks Rules for details of fees Attention is drawn to section 50(1)(c) and rules 66(1) and 67 Insert written particulars of the trade mark. If the trade mark includes a device refer only to “a device”
See rules 96 and 102
See Schedule 1 to the Trade Marks Rules for details of fees Attention is drawn to section 50(1)(d) and
rule 66(1) TRADE MARKS ORDINANCE Form TM-No. 36 (CHAPTER 43) Fee No. 29
Form TM-No. 35 TRADE MARKS ORDINANCE (CHAPTER 43) Fee No. 29 | |||
---|---|---|---|
Application by Registered Proprietor of a Trade Mark for Cancellation of an Entry in the Register | FOR OFFICIAL USE | ||
1. Registration No. of the mark to be cancelled | Trade Mark | Class No. | |
2. Full name of registered proprietor | |||
3. Agent’s details Name Address | |||
Agent’s own reference | |||
Signature Date __________________________ 19 Day Month Year Name (BLOCK LETTERS) ______________________________ Official capacity of signatory _____________________________ |
Application by Registered Proprietor of Trade
FOR OFFICIAL USE Mark to the Registrar to strike out Goods or Services from those for which the Trade Mark is registered
Legislative Texts
Insert written particulars of the trade mark. If the trade mark includes a device refer only to “a device”
See rules 96 and 102
�
1. Registration No. | Trade Mark | Class No. |
---|---|---|
2. Full name of registered proprietor | ||
3. Goods or services to be struck out | ||
4. Agent’s details Name Address | ||
Agent’s own reference | ||
Signature Date __________________________ 19 Day Month Year Name (BLOCK LETTERS) ______________________________ Official capacity of signatory _____________________________ |
NOTE: An address for service if not already supplied should be filed on Form TM-No. 38.
See Schedule 1 to the Trade Marks Rules for details of fees Attention is drawn to section 50(1)(e) and
rule 66(1)
Insert written particulars of the trade mark. If the trade mark includes a device refer only to “a device”
Form TM-No. 37 TRADE MARKS ORDINANCE (CHAPTER 43) Fee No. 30 | |||
---|---|---|---|
1. Request by the Registered Proprietor of a Trade Mark for Entry of disclaimer or Memorandum in the Register | FOR OFFICIAL USE | ||
Registration No. of the mark | Trade Mark | Class No. | |
2. Full name of registered proprietor |
Legislative Texts
If you do not have enough space use a separate sheet of paper
See rules 96 and 102
�
3. Details of disclaimer or memorandum to be entered on the register |
---|
4. Agent’s details Name Address |
Agent’s own reference |
Signature Date __________________________ 19 Day Month Year Name (BLOCK LETTERS) ______________________________ Official capacity of signatory _____________________________ |
NOTE: An address for service if not already supplied should be filed on Form TM-No. 38.
TRADE MARKS ORDINANCE | Form TM-No. 38 | ||||
---|---|---|---|---|---|
(CHAPTER 43) | No Fee | ||||
Attention is drawn to | Request to enter, alter or substitute an Address | FOR OFFICIAL USE | |||
rules 100 and 101 of | for Service | ||||
the | Trade | Marks | |||
Rules |
If you do not have enough space use a separate sheet of paper
1. Registration Nos. and Class Nos. of the mark(s) to have an address for service entered, altered or substituted
Registration No. | Class No. |
_______________________________ | _______________________ |
_______________________________ | _______________________ |
2.*Registered proprietor/registered user making the request for entry, alteration or substitution of address for service Name Address
Legislative Texts
See rules 96 and 102
See Schedule 1 to the Trade Marks Rules for details of fees Attention is drawn to
rule 69
If you do not have enough space use a separate sheet of paper
An office copy of the certificate of validity will have to be supplied to the Trade Marks Registry
3. New address of service to be entered, altered or substituted |
---|
4. Agent’s details Name Address |
Agent’s own reference |
Signature Date __________________________ 19 Day Month Year Name (BLOCK LETTERS) ______________________________ Official capacity of signatory _____________________________ |
Form TM-No. 39 TRADE MARKS ORDINANCE (CHAPTER 43) Fee No. 32 | |
---|---|
Request to the Registrar by the Registered Proprietor for Entry on the Register and Advertisement of a Note of a Certificate of Validity by the Court under Section 75 | FOR OFFICIAL USE |
1. Registration Nos. and Class Nos. of the marks which are to have a note of a certificate of validity entered on the register Registration No. Class No. ___________________ ___________________ ___________________ ___________________ | |
2. Full name of the registered proprietor | |
3. Details of court proceedings Give, on a separate sheet of paper, full details of the nature of the proceedings where the Court certified the validity of the registration, with the names of the parties to them, in which the certificate was given | |
4. Agent’s details |
Legislative Texts
See rules 96 and 102
�
Name Address |
---|
Agent’s own reference |
Signature Date __________________________ 19 Day Month Year Name (BLOCK LETTERS) ______________________________ Official capacity of signatory _____________________________ |
NOTE: An address for service if not already supplied should be filed on Form TM-No. 38.
See Schedule 1 to the Trade Marks Rules for details of fees Attention is drawn to section 51 and rule 70
If you do not have enough space use a
separate | sheet | of |
paper | ||
Insert | written | |
particulars | of | the |
trade mark. If the trade mark includes a device refer only to “a device” 6 copies of the mark as it will appear when altered must be submitted with this form
Form TM-No. 40 TRADE MARKS ORDINANCE (CHAPTER 43) Fee No. 33 or 33a | |
---|---|
Application by the Registered Proprietor for an Addition to or Alteration of a Registered Trade Mark | FOR OFFICIAL USE |
1. Registration No. and Class No. of the marks which are to be added to or altered Registration No. Trade Mark Class No. ___________________ ______________________ ___________ ___________________ ______________________ ___________ ___________________ ______________________ ___________ | |
2. Full name of registered proprietor | |
3. Give details of the addition or alteration to be made to the marks shown in Part 1 | |
4. Agent’s details Name Address |
Legislative Texts
Signature Date
__________________________ 19 Day Month Year
Name (BLOCK LETTERS) ______________________________ See rules 96 and 102
Official capacity of signatory _____________________________
NOTE: An address for service if not already supplied should be filed on Form TM-No. 38.
See Schedule 1 to the Trade Marks Rules for details of fees Attention is drawn to section 51(2) and
rule 71(2)
This form must be filed in duplicate Insert written particulars of the trade mark. If the trade mark includes a device refer only to “a device”
Form TM-No. 41 TRADE MARKS ORDINANCE (CHAPTER 43) Fee No. 34 | |
---|---|
Notice of Opposition to Application under Section 51(2) for Addition to or Alteration of a Registered Trade Mark | FOR OFFICIAL USE |
1. Registration No. and Class No. of the trade mark Registration No Trade Mark Class No. _________________ _________________________ __________ | |
2. Details of the Gazette advertisement of the addition or alteration to the above numbered trade mark Date ____________________ Gazette No. __________ Page ________ Day Month Year | |
3. Full name of registered proprietor | |
4. Details of person(s) opposing the application Name Address |
Legislative Texts
5. Grounds for opposition A statement in duplicate setting out fully the grounds of opposition must be submitted with this notice |
---|
6. Agent’s details Name Address |
Agent’s own reference |
7. Address for service |
Signature Date __________________________ 19 Day Month Year Name (BLOCK LETTERS) ______________________________ Official capacity of signatory _____________________________ |
An opponent who is resident outside Hong Kong must give a Hong Kong address for service to which all correspondence from the Trade Marks Registry will be sent
See rules 96 and 102
(23 of 1998 s. 2)
�
See Schedule 1 to the Trade Marks Rules for details of fees Attention is drawn to section 54 and
rule 75(1)
Mark the appropriate box with an X Insert the appropriate Class Nos. and specification
TRADE MARKS ORDINANCE (CHAPTER 43) | Form TM-No. 42 | |
---|---|---|
Fee No. 35 | ||
Application by a Registered Proprietor for the Conversion of the Specification from Schedule 3 to Schedule 4 | FOR OFFICIAL USE | |
1. Registration No. _____________________________ | Class _______ | |
2. Full name of registered proprietor | ||
3. Are there any registered users associated with the mark Yes No. | ||
4. Proposed specification(s) on conversion to Schedule 4 |
Legislative Texts
Class Class Class Class Class Class |
---|
5. Agent’s details Name Address |
Agent’s own reference |
Signature Date __________________________ 19 Day Month Year Name (BLOCK LETTERS) ______________________________ Official capacity of signatory _____________________________ |
NOTE: An address for service if not already supplied should be filed on Form TM-No. 38.
See rules 96 and 102
�
See Schedule 1 to the Trade Marks Rules for details of fees Attention is drawn to section 54(3) and
rule 76(2)
Form TM-No. 43 TRADE MARKS ORDINANCE (CHAPTER 43) Fee No. 36 | |
---|---|
Notice of Opposition to Proposal for Conversion of Specification | FOR OFFICIAL USE |
Legislative Texts
Insert written particulars of the trade mark. If the trade mark includes a device refer only to “a device” This form must be filed in duplicate together with a statement, in duplicate, showing how the proposed conversion would be contrary to section 54(2)
If you do not have enough space use a separate sheet of paper
1. Registration No. | Trade Mark | Class |
---|---|---|
2. Details of the Gazette advertisement of the proposal for conversion of specification | ||
Date ____________________ Gazette No. __________ Page ________ Day Month Year | ||
3. Full name of registered proprietor | ||
4. Opponent’s details Name Address | ||
5. Grounds of opposition |
(23 of 1998 s. 2)
�
See Schedule 1 to the Trade Marks Rules for details of fees
Form TM-No. 44 TRADE MARKS ORDINANCE (CHAPTER 43) Fee No. 37 | |
---|---|
Application for Registration of a Trade Mark as |
Legislative Texts
Attention is drawn to sections 55 and 55A and rule 78(1)
$$$ perceptible and capable of being represented graphically if it is not a word or a picture. This means you may need to give a clear description of the mark in this space
Legislative Texts
08 A statement of case setting out full particulars of the facts on which the applicant relies in support of his application must be attached to this application | FOR OFFICIAL USE |
---|---|
09 Agent’s details Name Address | Agent Code |
Agent’s own reference | |
010 Address for service Name Address | |
011 Signature __________________________________ Applicant/Agent for applicant Name (BLOCK LETTERS) ___________ Official capacity of signatory __________ Date ______________________ 19 Day Month Year |
(L.N. 299 of 1996)
�
See rules 96 and 102
�
See Schedule 1 to the Trade Marks Rules for details of fees
Attention is drawn to section 58 and rule 79
TRADE MARKS ORDINANCE (CHAPTER 43) | Form TM-No. 45 | |
---|---|---|
Fee No. 38 or 38a | ||
Application for Registration of Registered User | FOR OFFICIAL USE |
Legislative Texts
Before this application can be dealt with the applicant(s) must provide a statutory declaration made by the proprietor or some other person authorized to act on his behalf and approved by the Registrar, giving particulars as required by section 58(3)
If you do not have enough space use a separate sheet of paper
Insert the names of the proposed registered user. Names of individuals should be entered in full. The names of partners in a firm should be given in full. Bodies corporate should be designated by their corporate name
1. Registration Nos./Application Nos. and Class Nos. of the marks for which this application for a registered user is made For registered marks Registration No. Class No. ____________________________ ___________________________ ____________________________ ___________________________ ____________________________ ___________________________ For pending applications Application No. Class No. ___________________________ ____________________________ ___________________________ ____________________________ | |
---|---|
2. Registered proprietor of or applicant for the marks shown above | |
3. Proposed registered user’s details | |
Name | |
Address | |
4. Goods and services for which the proposed registered user is to be registered as a separate user (in respect of marks shown at Part 1) | |
5. Conditions or restrictions which the registration in each case will be subject to | |
6. Is the proposed permitted use without limit of period Yes No |
Mark the appropriate box with an X
Legislative Texts
Mark the appropriate box with an X
See rules 96 and 102
See rules 96 and 102
A registered user who is resident outside Hong Kong must give a Hong Kong address for service to which all correspondence from the Trade Marks Registry will be sent
If no, date on which the permitted use is due to end Date 19 Day Month Year | ||
---|---|---|
7. Is the application made under section 18(1)(b) | Yes | No |
8. Name of agent for proprietor | ||
Signature Date __________________________ 19 Day Month Year Name (BLOCK LETTERS) ______________________________ Official capacity of signatory _____________________________ | ||
9. Name of agent for registered user | ||
Signature Date __________________________ 19 Day Month Year Name (BLOCK LETTERS) ______________________________ Official capacity of signatory _____________________________ | ||
10. Address for service |
(23 of 1998 s. 2)
�
See Schedule 1 to the
TRADE MARKS ORDINANCE Form TM-No. 46 Trade Marks Rules
(CHAPTER 43) Fee No. 39 or 39a for details of fees Attention is drawn to
Application by the Registered Proprietor of
FOR OFFICIAL USE section 60(1)(a) and a Trade Mark for Variation of the rule 81 Registration of a Registered User thereof
with regard to the Goods, Services,
Conditions or Restrictions
Legislative Texts
This application must be filed together with a statement of the grounds for the application and the written consent (if given) of the registered user If you do not have enough space use a separate sheet of Paper | 1. Registration Nos. and Class Nos. of the marks for which application to vary the registration of the registered user is made Registration No. Class No. __________________________________ _____________________ __________________________________ _____________________ __________________________________ _____________________ |
__________________________________ _____________________ | |
2. Full name of registered proprietor of the marks shown above | |
3. Full name of registered user whose registration as a user of the marks shown in Part 1 is to be varied | |
5. Agent’s details | |
Name | |
Address | |
Agent’s own reference Signature Date | |
__________________________ 19 Day Month Year | |
See rules 96 and 102 | Name (BLOCK LETTERS) ______________________________ Official capacity of signatory _____________________________ |
NOTE: An address for service if not already supplied should be filed on Form TM-No. 38.
See Schedule 1 to the | TRADE MARKS ORDINANCE | Form TM-No. 47 | |||||
---|---|---|---|---|---|---|---|
Trade Marks Rules for details of fees | (CHAPTER 43) | Fee No. 40, 40a, 41 or 41a | |||||
Attention is drawn to section 60(1)(b) and (c) and rules 82 and | Application for Registered User | Cancellation | of | Entry | of | a | FOR OFFICIAL USE |
Legislative Texts
If you do not have enough space use a separate sheet of Paper
Mark the appropriate box with an X. Only one box should be completed
If you do not have enough space use a separate sheet of paper
1. Registration Nos. and Class Nos. of the marks, for which application to cancel the entry of a registered user is made | |
---|---|
Registration No. __________________________________ __________________________________ __________________________________ __________________________________ | Class No. _____________________ _____________________ _____________________ _____________________ |
2. Full name of registered proprietor of the marks shown above | |
3. Full name of the registered user whose registration as a user of the mark(s) shown in Part 1 is to be cancelled | |
4. Brief details of the cancellation which is applied for | |
5. Status of the applicant for cancellation Is the applicant: the registered proprietor of the marks shown at Part 1? a registered user of the marks shown at Part 1? other? If other give details | |
6. Details of person applying for cancellation Name Address | |
7. Statement of grounds A statement setting out fully the grounds for this application must be attached to this form | |
8. Agent’s details |
Legislative Texts
An applicant for cancellation who is resident outside Hong Kong must give a Hong Kong address for service to which all correspondence from the Trade Marks Registry will be sent
See rules 96 and 102
See Schedule 1 to the Trade Marks Rules for details of fees Attention is drawn to section 61 and
rule 84(2)
Name Address |
---|
Agent’s own reference |
9. Address for service |
Signature Date __________________________ 19 Day Month Year Name (BLOCK LETTERS) ______________________________ Official capacity of signatory _____________________________ |
(23 of 1998 s. 2)
�
Form TM-No. 49 TRADE MARKS ORDINANCE (CHAPTER 43) Fee No. 42 | |
---|---|
Notice of Intention to intervene in Proceedings for the Variation or Cancellation of an Entry of a Registered User of a Trade Mark | FOR OFFICIAL USE |
1. Registration No. | Class No. |
2. Full name of registered proprietor | |
3. Full name of registered user whose registration as a user of the mark shown in Part 1 is to be varied or cancelled | |
4. Date of Registrar’s notification Date 19 Day Month Year | |
5. Details of person intending to intervene |
Legislative Texts
Set out the grounds for intervention
An intervenor who is resident outside Hong Kong must give a Hong Kong address for service to which all correspondence from the Trade Marks Registry will be sent
See rules 96 and 102
Attention is drawn to rule 102(4) of the Trade Marks Rules
Name Address |
---|
6. Statement of grounds of intervention |
7. Agent’s details Name Address |
Agent’s own reference |
8. Address for service |
Signature Date __________________________ 19 Day Month Year Name (BLOCK LETTERS) ______________________________ Official capacity of signatory _____________________________ |
(23 of 1998 s. 2)
�
Form TM-No. 50 TRADE MARKS ORDINANCE (CHAPTER 43) No Fee | |
---|---|
Authorization of Agent where an agent is appointed during the course of proceedings before the Registrar or where one agent is substituted for another | FOR OFFICIAL USE |
1. Registration or Application No. and Class No. of the mark for which authorization in Part 4 is given Registration or Application No. Class No. |
Legislative Texts
Enter the name of each applicant or proprietor. Names of individuals should be given in full. The names of partners in a firm should be given in full. Bodies corporate should be designated by their corporate name This must be an address in Hong Kong
Mark the appropriate box with an X
See rules 96 and 102
See Schedule 1 to the Trade Marks Rules for details of fees Attention is drawn to
rules 103 to 105
2. Details of applicant, proprietor or person who is authorizing agent Name Address |
---|
3. Agent’s details Name Address |
Agent’s own reference |
4. The agent is authorized to act in the following Application and registration All post registration matters Registered user procedures Opposition to the application shown at Part 1 Application for rectification of the register in respect of the mark shown at Part 1 by a person who is not the registered proprietor of the mark |
I/We request that all notices and communications be sent to my/our authorized agent given in Part 3 |
Signature Date __________________________ 19 Day Month Year Name (BLOCK LETTERS) ______________________________ Official capacity of signatory _____________________________ |
Form TM-No. 51 TRADE MARKS ORDINANCE (CHAPTER 43) Fee No. 43 | |
---|---|
Request for General Certificate of the Registrar including Certificate of Registration of a Trade Mark (other than a Certificate under Section 17(3)) | FOR OFFICIAL USE |
1. Registration Nos. and Class Nos. for which a certificate is required |
Legislative Texts
Insert written particulars of the trade mark. If the trade mark includes a device refer only to “a device” | Registration No. Class No. __________________________________ _____________________ __________________________________ _____________________ __________________________________ _____________________ __________________________________ _____________________ 2. Details of *applicant/agent making the request for a general certificate and to which the certificate is to be sent |
Name | |
Address | |
Mark the appropriate box(es) with an X | 3. Certificate requirements If a certificate of registration is required, mark this box with an X otherwise set out below the particulars which the Registrar is requested to certify: |
Indicate whether it is: | |
For use in legal proceedings | |
For use in obtaining registration outside Hong Kong | |
For use other than in legal proceedings or in obtaining registration outside Hong Kong Signature Date | |
__________________________ 19 Day Month Year | |
See rules 96 and 102 | Name (BLOCK LETTERS) ______________________________ Official capacity of signatory _____________________________ |
(23 of 1998 s. 2)
�
See Schedule 1 to the Trade Marks Rules for details of fees
Attention is drawn to
rule 111
TRADE MARKS ORDINANCE (CHAPTER 43) | Form TM-No. 53 | |
---|---|---|
Fee No. 45 | ||
Notice of Order of Court for Alteration or Rectification or Register of Trade Marks | FOR OFFICIAL USE |
Legislative Texts
An office copy of the order of the Court must be attached to this form
See rules 96 and 102
1. Registration No. of the mark to which the order of Court refers | Class No. | |
---|---|---|
2. Full name of the registered proprietor | ||
3. Date of the order of the Court 19 Day Month Year | ||
4. Details of the order of the Court | ||
5. Agent’s details Name Address | ||
Agent’s own reference | ||
Signature Date __________________________ 19 Day Month Year Name (BLOCK LETTERS) ______________________________ Official capacity of signatory _____________________________ |
NOTE: An address for service if not already supplied should be filed on Form TM-No. 38.
See Schedule 1 to the Trade Marks Rules for details of fees
TRADE MARKS ORDINANCE Form TM.-No. 54 (CHAPTER 43)
Fee No. 50
Notice under Section 92(6): Election to have registrability of a mark determined in accordance with the Trade Marks Ordinance as amended by sections 18 to 25 of the Intellectual Property (World Trade Organization Amendments) Ordinance 1996 (11 of 1996).
Legislative Texts
Insert written
�particulars of the
�mark. If the mark
�
includes | a | device | ||
---|---|---|---|---|
refer | only | to | “a | |
device” |
An applicant who is resident outside Hong Kong must give a Hong Kong address for service to which all correspondence from the Trade Marks Registry will be sent
1. Application No. | Trade Mark | Class No. |
---|---|---|
2. Applicant’s details Name Address | ||
3. Agent’s details (if appropriate) Name Address | ||
Agent’s own reference | ||
4. Address for service Name Address | ||
Declaration I elect to have the registrability of the mark determined in accordance with the Trade Marks Ordinance, as amended by sections 18 to 25 of the Intellectual Property (World Trade Organization Amendments) Ordinance 1996 (11 of 1996). I declare that the application for registration of the trade mark has not been advertised before the commencement of sections 18 to 25 of the Intellectual Property (World Trade Organization Amendments) Ordinance 1996 (11 of 1996). I acknowledge that this notice is irrevocable. Applicant’s name _________________________ | ||
Signature Date __________________________ 19 Day Month Year |
Legislative Texts
Name (BLOCK LETTERS) ______________________________
See rules 96 and 102
Official capacity of signatory _____________________________
Reminder The new filing date of your converted application will be the commencement date of sections 18 to 25 of the Intellectual Property (World Trade Organization Amendments) Ordinance 1996 (11 of 1996).
(Enacted 1992. L.N. 299 of 1996; 23 of 1998 s. 2)
Definition:
Schedule 3
�CLASSIFICATION OF GOODS
�
[rules 74(1) & 75(1)]
(Note: This was the Classification in the Third Schedule to the Trade Marks Rules under the Trade Marks Ordinance (Chapter 43, Laws of Hong Kong, Revised Edition 1950)).
Class Goods included in class
1 Chemical substances used in manufactures, photography, or philosophical research, and
anti-corrosives.
2 Chemical substances used for agricultural, horticultural, veterinary, and sanitary
purposes.
3 Chemical substances prepared for use in medicine and pharmacy.
4 Raw, or partly prepared, vegetable, animal, and mineral substances used in manufactures,
not included in other classes.
5 Unwrought and partly wrought metals used in manufacture.
6 Machinery of all kinds, and parts of machinery, except agricultural and horticultural
machines and their parts included in class 7.
7 Agricultural and horticultural machinery, and parts of such machinery.
8 Philosophical instruments, scientific instruments, and apparatus for useful purposes;
instruments and apparatus for teaching.
9 Musical instruments.
10 Horological instruments.
11 Instruments, apparatus, and contrivances, not medicated, for surgical or curative
purposes, or in relation to the health of men or animals.
12 Cutlery and edge tools.
13 Metal goods, not included in other classes.
14 Goods of precious metals and jewellery, and imitations of such goods and jewellery.
15 Glass.
16 Porcelain and earthenware.
17 Manufactures from mineral and other substances for building or decoration.
18 Engineering, architectural, and building contrivances.
19 Arms, ammunition, and stores, not included in class 20.
20 Explosive substances.
21 Naval architectural contrivances and naval equipments not included in other classes.
Legislative Texts
22 | Carriages. |
23 | (a) Cotton yarn. |
(b) Sewing cotton. | |
24 | Cotton piece goods. |
25 | Cotton goods not included in other classes. |
26 | Linen and hemp yarn and thread. |
27 | Linen and hemp piece goods. |
28 | Linen and hemp goods not included in other classes. |
29 | Jute yarns and tissues, and other articles made of jute, not included in other classes. |
30 | Silk, spun, thrown or sewing. |
31 | Silk piece goods. |
32 | Silk goods not included in other classes. |
33 | Yarns of wool, worsted or hair. |
34 | Cloths and stuffs of wool, worsted or hair. |
35 | Woollen and worsted and hair goods, not included in other classes. |
36 | Carpets, floor-cloth, and oil-cloth. |
37 | Leather, skins unwrought and wrought, and articles made of leather not included in other |
classes. | |
38 | Articles of clothing. |
39 | Paper (except paper hangings), stationery, and bookbinding. |
40 | Goods manufactured from india-rubber and gutta-percha not included in other classes. |
41 | Furniture and upholstery. |
42 | Substances used as food or as ingredients in food. |
43 | Fermented liquors and spirits. |
44 | Mineral and aerated waters, natural and artificial, including ginger beer. |
45 | Tobacco, whether manufactured or unmanufactured. |
46 | Seeds for agricultural and horticultural purposes. |
47 | Candles, common soap, detergents; illuminating, heating, or lubricating oils; matches; |
and starch, blue, and other preparations for laundry purposes. | |
48 | Perfumery (including toilet articles, preparations for the teeth and hair and perfumed |
soap). | |
49 | Games of all kinds and sporting articles not included in other classes. |
50 | Miscellaneous |
(1) Goods manufactured from ivory, bone or wood, not included in other classes. | |
(2) Goods manufactured from straw or grass, not included in other classes. | |
(3) Goods manufactured from animal and vegetable substances, not included in other | |
classes. | |
(4) Tobacco pipes. | |
(5) Umbrellas, walking sticks, brushes and combs for the hair. | |
(6) Furniture cream, plate powder. | |
(7) Tarpaulins, tents, rick-cloths, rope (jute or hemp), twine. | |
(8) Buttons of all kinds other than of precious metal or imitations thereof. | |
(9) Packing and hose. | |
(10) Other goods not included in the foregoing classes. | |
(Enacted 1992) | |
Schedule 4 |
Legislative Texts
[section 8 and rules 8(2), 9(3), 74, 75 & 108]
�
PART 1
(Note: Parts of an article or apparatus are, in general, classified with the actual article or apparatus, except where such parts constitute articles included in other classes).
Class �Goods included in class (see rule 10)
1 �Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry; unprocessed artificial resins, unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry.
2 �Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colourants; mordants; raw natural resins; metals in foil and powder form for painters, decorators, printers and artists.
3 �Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery, essential oils, cosmetics, hair lotions; dentifrices.
4 �Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles, wicks.
5 �Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters, materials for dressings; material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides, herbicides.
6 �Common metals and their alloys; metal building materials; transportable buildings of metal; materials of metal for railway tracks; non-electric cables and wires of common metal; ironmongery, small items of metal hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores.
7 �Machines and machine tools; motors and engines (except for land vehicles); machine coupling and transmission components (except for land vehicles); agricultural implements; incubators for eggs.
8 �Hand tools and implements (hand operated); cutlery; side arms; razors.
9 �Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus.
10 Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth; orthopedic articles; suture materials. 11 Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying,
ventilating, water supply and sanitary purposes. 12 Vehicles; apparatus for locomotion by land, air or water. 13 Firearms; ammunition and projectiles; explosives; fireworks. 14 Precious metals and their alloys and goods in precious metals or coated therewith, not
included in other classes; jewellery, precious stones; horological and chronometric
instruments. 15 Musical instruments. 16 Paper, cardboard and goods made from these materials, not included in other classes;
printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists’ materials; paint brushes; typewriters and office requisites
Legislative Texts
(except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); playing cards; printers’ type; printing blocks.
17 �Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics in extruded form for use in manufacture; packing, stopping and insulating materials; flexible pipes, not of metal.
18 �Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery.
19 �Building materials (non-metallic); non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal.
20 �Furniture, mirrors, picture frames; goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics.
21 �Household or kitchen utensils and containers (not of precious metal or coated therewith); combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steelwool; un-worked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes.
22 �Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes); padding and stuffing materials (except of rubber or plastics); raw fibrous textile materials.
23 Yarns and threads, for textile use.
�24 Textiles and textile goods, not included in other classes; bed and table covers.
�25 Clothing, footwear, headgear.
�26 Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles;
�
artificial flowers. 27 Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors; wall hangings (non-textile). 28 Games and playthings; gymnastic and sporting articles not included in other classes; decorations for Christmas trees. 29 Meat, fish, poultry and game; meat extract; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats.
30 �Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice.
31 �Agricultural, horticultural and forestry products and grains not included in other classes; living animals; fresh fruits and vegetables; seeds, natural plants and flowers; foodstuffs for animals, malt.
32 �Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit
juices; syrups and other preparations for making beverages.
�33 Alcoholic beverages (except beers).
�34 Tobacco; smokers’ articles; matches.
�
PART 2
Services included in class (see rule 10)
35 Advertising; business management; business administration; office functions.
�36 Insurance; financial affairs; monetary affairs; real estate affairs.
�37 Building construction; repair; installation services.
�38 Telecommunications.
�
Legislative Texts
39 �Transport; packaging and storage of goods; travel arrangement.
40 �Treatment of materials.
41 �Education; providing of training; entertainment; sporting and cultural activities.
42 �Providing of food and drink; temporary accommodation; medical, hygienic and beauty care; veterinary and agricultural services; legal services; scientific and industrial research; computer programming; services that cannot be placed in other classes.
(Enacted 1992)