Page:Trade Marks Ordinance (Cap. 559).pdf/63

TRADE MARKS ORDINANCE Mark not to be misleading as to character or significance 4. (1) A collective mark shall not be registered if the public is liable to be misled as regards its character or significance, in particular, if it is likely to be taken to be something other than a collective mark.

(2) The Registrar may accordingly require that a sign in respect of which an application is made for registration as a collective mark include some indication that it is a collective mark.

(3) Notwithstanding section 46 of this Ordinance (amendment of application), an application may be amended so as to comply with any requirement imposed by the Registrar under subsection (2). Regulations governing use of collective mark 5. (1) An applicant for registration of a collective mark must file with the Registrar regulations governing the use of the collective mark.

(2) The regulations must specify—
 * (a) the persons authorized to use the collective mark;
 * (b) the conditions of membership of the association; and
 * (c) where they exist, the conditions of use of the collective mark, including any sanctions against misuse.

(3) The rules may impose further requirements with which the regulations must comply. Approval of regulations by Registrar 6. (1) A collective mark shall not be registered unless the regulations governing its use comply with section 5(2) of this Schedule and any further requirements imposed by the rules.

(2) A collective mark shall not be registered if the regulations governing its use are contrary to accepted principles of morality.

(3) An applicant for registration of a collective mark must file the regulations and pay the prescribed fee before the end of the prescribed period after the date of the application for registration.

(4) If an applicant fails to comply with subsection (3), the application shall be deemed to be withdrawn.

7. (1) The Registrar shall consider whether the requirements mentioned in section 6(1) and (2) of this Schedule are met.

(2) If it appears to the Registrar that the requirements mentioned in section 6(1) and (2) of this Schedule are not met, he shall inform the applicant and give him an opportunity to make representations or to file amended regulations within such period as the Registrar may specify.

(3) The Registrar shall refuse the application if the applicant fails to respond before the end of the specified period or fails before the end of that period—
 * (a) to satisfy the Registrar that the requirements mentioned in section 6(1) and (2) of this Schedule are met; or
 * (b) to file regulations amended so as to meet those requirements.

(4) If it appears to the Registrar that the requirements mentioned in section 6(1) and (2) of this Schedule, and the other requirements for registration, are met, he shall accept the application and shall proceed in accordance with section 43 of this Ordinance (publication of particulars of application).

8. In addition to any other grounds on which the registration may be opposed, notice of opposition may be given relating to any of the matters mentioned in section 6(1) and (2) of this Schedule.

Regulations to be open to inspection 9. The regulations governing the use of a registered collective mark shall be open to public inspection in the same way as the register.