Page:Trade Marks Ordinance (Cap. 559).pdf/49

TRADE MARKS ORDINANCE (3) Any order made by the Registrar under this section shall, with leave of the court, be enforceable in like manner as an order of the court.

72. Power to give preliminary advice, etc.

(1) The Registrar shall have the power to give to a person who proposes to apply for the registration of a trade mark advice as to whether the trade mark appears to the Registrar prima facie to be capable of distinguishing goods or services of one undertaking from those of other undertakings within the meaning of section 3(1) (meaning of “trade mark”).

(2) Any person who wishes to obtain such advice shall apply to the Registrar in the prescribed manner.

(3) If, on an application for the registration of a trade mark as to which the Registrar has given such advice in the affirmative, made within 3 months after the advice is given, the Registrar, after further investigation or consideration, gives notice to the applicant of objection on the ground that the trade mark is not capable of distinguishing the goods or services of one undertaking from those of another, the applicant shall be entitled, on giving notice of withdrawal of the application under section 45 (withdrawal of application) within the prescribed period, to have repaid to him any fees paid for the filing of the application.

73. Power to specify official journal, etc.

(1) The Registrar may from time to time, by notice published in the Gazette, specify a publication to be the official journal of record for the purposes of this Ordinance, with effect as of the date specified in the notice.

(2) Where a publication is specified under subsection (1), every notice, request, document or other matter required by this Ordinance or the rules to be published in the official journal shall, from the effective date specified in the notice, be published in the publication so specified, and any reference in this Ordinance or the rules to the official journal shall be construed accordingly.

(3) The Registrar may publish or cause to be published a journal in which there may be published such documents and information relating to trade marks as the Registrar thinks fit.

(4) For the avoidance of doubt, the Registrar may specify the Gazette or the journal referred to in subsection (3) to be the official journal of record.

(5) A publication specified under subsection (1) and the journal referred to in subsection (3) need not be in a documentary form.

(6) A notice published under subsection (1) shall not be regarded as subsidiary legislation for the purpose of section 34 of the Interpretation and General Clauses Ordinance (Cap. 1).