Page:Trade Marks Ordinance (Cap. 559).pdf/33

TRADE MARKS ORDINANCE (7) Provision may be made by the rules as to the manner of claiming a right to priority on the basis of a Convention application or WTO application, as the case may be.

(8) A right to priority arising as a result of a Convention application or WTO application, as the case may be, may be assigned or otherwise transmitted, either with the application or independently; and the reference in subsection (1) to the person’s “successor in title” (所有權繼承人) shall be construed accordingly.

(9) In this section—

“Convention application” (公約申請) means an application for registration of a trade mark in, or in respect of, a Paris Convention country;

“WTO application” (世貿申請) means an application for registration of a trade mark in, or in respect of, a WTO member. Examination and publication 42. Examination of application

(1) The Registrar shall examine whether the application satisfies the requirements for registration under this Ordinance, including any requirements imposed by the rules for the purposes of this section.

(2) For the purpose of subsection (1), the Registrar shall carry out a search of earlier trade marks to such extent as he considers necessary.

(3) If it appears to the Registrar that the requirements for registration are not met, the Registrar shall, by notice in writing—
 * (a) inform the applicant of the Registrar’s opinion;
 * (b) inform him that he may make representations to the Registrar to establish that the requirements for registration are met or that he may amend the application so as to meet those requirements, but that he must do so within the prescribed period; and
 * (c) inform him of the provisions of subsection (4).

(4) The Registrar shall refuse to accept the application if the applicant—
 * (a) fails to respond to the notice before the end of the period prescribed for the purposes of subsection (3)(b); or
 * (b) fails, before the end of that period, to satisfy the Registrar that the requirements for registration are met or to amend the application so as to meet those requirements.

(5) If it appears to the Registrar that the requirements for registration are met, he shall accept the application, but the Registrar may withdraw the acceptance at any time before particulars of the application have been published under section 43 (publication of particulars of application) if it appears to him that the application has been accepted in error.

(6) The Registrar shall notify the applicant in writing of any decision made by him under subsection (4) or (5).