Page:Trade Marks Ordinance (Cap. 559).pdf/71

TRADE MARKS ORDINANCE Trade marks registered according to old classification 12. (1) The Registrar may exercise the powers conferred by any rules made for the purposes of section 58 of this Ordinance (amendment of entries to accord with new classification, etc.) to secure that any existing registered marks which do not conform to the system of classification prescribed under section 40 of this Ordinance (classification of goods and services) are brought into conformity with that system.

(2) Subsection (1) applies, in particular, to existing registered marks classified according to the classification set out in Schedule 3 to the repealed Rules. Claim to priority 13. Section 41 of this Ordinance (claim to priority) applies to an application for registration under this Ordinance made on or after the commencement date notwithstanding that the Convention application or WTO application concerned was made before that date. Duration and renewal of registration 14. (1) Section 49 of this Ordinance (duration of registration) applies in relation to the registration of a trade mark in pursuance of an application made on or after the commencement date; and the old law applies in any other case.

(2) Sections 49(2) and 50 of this Ordinance (which relate to the renewal of registration) apply where the renewal falls due on or after the commencement date; and the old law continues to apply in any other case.

(3) In either case it is immaterial when the fee for renewal, if any, is paid. Pending application for alteration of registered mark 15. An application under section 51 of the repealed Ordinance (alteration of registered trade mark) which is pending on the commencement date shall be dealt with under the old law, and any necessary alterations and entries shall be made to the new register. Revocation for non-use 16. (1) An application made under section 37 of the repealed Ordinance (removal from register and imposition of limitations on ground of non-use) which is pending on the commencement date shall be dealt with under the old law, and any necessary alterations and entries shall be made to the new register.

(2) An application for the revocation of an existing registered mark may be made under section 52 of this Ordinance (revocation of registration) at any time on or after the commencement date, but such an application may be made only on the ground mentioned in section 52(2)(a) of this Ordinance. Application for rectification, etc. 17. (1) An application or request made under section 48 or 50 of the repealed Ordinance (rectification or correction of the register) which is pending on the commencement date shall be dealt with under the old law, and any necessary alterations and entries shall be made to the new register.

(2) For the purposes of proceedings under section 53 of this Ordinance (declaration of invalidity of registration), as it applies in relation to an existing registered mark, this Ordinance shall be deemed to have been in force at all material times.

(3) No objection to the validity of the registration of an existing registered mark may be taken on the ground mentioned in section 12(4) of this Ordinance (relative grounds for refusal of registration).