Page:Trade Marks Ordinance (Cap. 559).pdf/66

TRADE MARKS ORDINANCE Approval of regulations, etc. 7. (1) A certification mark shall not be registered unless—
 * (a) the regulations governing its use comply with section 6(2) of this Schedule and any further requirements imposed by the rules; and
 * (b) the applicant is competent to certify the goods or services for which the certification mark is to be registered.

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(4) If an applicant fails to comply with subsection (3), the application shall be deemed to be withdrawn.

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

(2) If it appears to the Registrar that the requirements mentioned in section 7(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 7(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 7(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).

9. 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 7(1) and (2) of this Schedule. Regulations to be open to inspection 10. The regulations governing the use of a registered certification mark shall be open to public inspection in the same way as the register. Amendment of regulations 11. (1) An amendment of the regulations governing the use of a registered certification mark is not effective until the amended regulations are filed and are accepted by the Registrar.

(2) Before accepting any amended regulations the Registrar may, in any case where it appears to him expedient to do so, cause or require notice of the amendment to be published in the official journal.

(3) If notice of the amendment is published in the official journal, notice of opposition may be given relating to the matters mentioned in section 7(1) and (2) of this Schedule. Consent to assignment of registered certification mark 12. The assignment or other transmission of a registered certification mark is not effective without the consent of the Registrar.