Page:Trade Marks Ordinance (Cap. 559).pdf/35

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TRADE MARKS ORDINANCE

Ord. No. 35 of 2000
A1205


(3) An application for registration of a trade mark may be amended—

(a) for the purpose of restricting the goods or services covered by the application; or
(b) for such other purposes as may be prescribed.

(4) An application for registration of a trade mark may be amended in other respects but only for the purpose of correcting—

(a) the name or address of the applicant;
(b) errors of wording or of copying; or
(c) obvious mistakes,

and then only where the correction does not substantially affect the identity of the trade mark or extend the goods or services covered by the application.

(5) Provision shall be made by the rules for—

(a) the publication of particulars of any amendment which affects the representation of the trade mark, or the goods or services covered by the application; and
(b) the making of objections by any person claiming to be affected by the amendment.

Registration

47. Registration

(1) Where an application has been accepted by the Registrar under section 42(5) (examination of application) and—

(a) no notice of opposition is given within the prescribed period referred to in section 44(1) (opposition proceedings); or
(b) all opposition proceedings are withdrawn or decided in favour of the applicant,

the Registrar shall register the trade mark by entering the prescribed particulars in the register, unless it appears to him having regard to matters coming to his notice since he accepted the application, that it was accepted in error.

(2) On the registration of a trade mark under subsection (1), the Registrar shall issue a certificate of registration to the applicant.

(3) Notice of the registration shall be published in the official journal in accordance with the rules.

48. Date of registration

A trade mark shall be registered as of the filing date of the application for registration; and that date shall be deemed for the purposes of this Ordinance to be the date of registration of the trade mark.