| (Cap 559, section 91) [4 April 2003] L.N. 31 of 2003 (L.N. 30 of 2003) Cap 559A s 1 (Omitted as spent) PART 1 PRELIMINARY (Omitted as spent) Cap 559A s 2 Interpretation (1) In these Rules, unless the context otherwise requires- "actual date of registration" (实际注册日期) has the meaning assigned by rule 29(1)(b); "applicable fee" (适用费用), in relation to a matter or proceeding, means the fee specified in the Schedule in relation to that matter or proceeding; "business day of the Registry" (注册处办公日) means a business day of the Registry as specified in directions of the Registrar published under rule 114; "business hours of the Registry" (注册处办公时间) means the business hours of the Registry as specified in directions of the Registrar published under rule 114; "commencement date" (生效日期) means the date on which the Ordinance comes into operation; "the date of registration" (注册日期) has the meaning assigned by rule 29(1)(a); "digital signature" (数码签署) has the meaning assigned by section 2(1) of the Electronic Transactions Ordinance (Cap 553); "electronic record" (电子纪录) has the meaning assigned by section 2(1) of the Electronic Transactions Ordinance (Cap 553); "electronic signature" (电子签署) has the meaning assigned by section 2(1) of the Electronic Transactions Ordinance (Cap 553); "existing registered mark" (现有注册标记) has the meaning assigned by section 1(1) of Schedule 5 to the Ordinance; "information system" (资讯系统) has the meaning assigned by section 2(1) of the Electronic Transactions Ordinance (Cap 553); "International Classification" (《国际分类》) means the International Classification of Goods and Services adopted under the Nice Agreement and in force at the relevant time; "Nice Agreement" (《尼斯协定》) means the Nice Agreement concerning the International Classification of Goods and Services for the purposes of the Registration of Marks, concluded at the Nice Diplomatic Conference on 15 June 1957, as revised at Stockholm on 14 July 1967 and at Geneva on 13 May 1977 and amended at Geneva on 28 September 1979, as revised or amended from time to time; "objector" (异议人) means a person who files a notice of objection under rule 26(2) or 55(1), as the case may be; "old law" (旧有法律) has the meaning assigned by section 1(1) of Schedule 5 to the Ordinance; "opponent" (反对人) means a person who files a notice of opposition under rule 16, 61(1), 67(2) or 102(3), as the case may be; (L.N. 97 of 2003) "the Ordinance" (本条例) means the Trade Marks Ordinance (Cap 559); "the repealed Ordinance" (被废除条例) means the Trade Marks Ordinance (Cap 43), as in operation immediately before its repeal by the Ordinance; "send" (送交) includes give, and cognate expressions are to be construed accordingly; "specification" (说明) means the statement of the goods or services in respect of which a trade mark is registered or proposed to be registered; "specified form" (指明表格), in relation to any matter or proceeding, means the form specified by the Registrar under section 74 of the Ordinance to be used in connection with that matter or proceeding. (2) Unless the context otherwise requires, any reference in these Rules to the filing of a document or other thing (howsoever expressed) shall be construed as a reference to the filing of the document or thing with the Registrar in accordance with Part 16. (3) Unless the context otherwise requires, any reference in these Rules to a trade mark shall be construed as including a reference to a certification mark, collective mark and defensive trade mark. (4) A reference in the heading to a rule to the number of a form is a reference to the number of that form as published in the official journal under section 74 of the Ordinance. (5) A reference in the heading to a rule to the number of a fee is a reference to the number of that fee as specified in the Schedule. Cap 559A s 3 Specified forms (s. 74 of the Ordinance) (1) Where under section 74 of the Ordinance the Registrar specifies a form to be used in connection with any matter or proceeding, the specified form shall be used in all cases in which it is applicable. (2) A requirement to use a specified form is satisfied by the use of either- (a) a replica of the specified form; or (b) a form acceptable to the Registrar,that contains the information required by the specified form and complies with any directions of the Registrar as to the use of the specified form or replicas of it. Cap 559A s 4 Fees (1) The fees to be paid in relation to any matter or proceeding under the Ordinance or these Rules are those specified in the Schedule. (2) Subject to subrule (3), fees shall be paid at such time and in such manner as the Registrar directs. (3) Where a fee is required to be paid in relation to a matter or proceeding for which a specified form is required to be used, the fee shall be paid when the specified form is filed. |
