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TRADE MARKS ORDINANCE

Ord. No. 35 of 2000
A1235


74. Power to require use of forms

(1) The Registrar may require the use of such forms as he may, by notice published in the official journal, specify in connection with the registration of a trade mark or any other proceeding before him under this Ordinance.

(2) A notice under subsection (1) may contain any direction of the Registrar with respect to the use of a form specified in the notice.

(3) A notice published under subsection (1) shall not be regarded as subsidiary legislation for the purpose of section 34 of the Interpretation and General Clauses Ordinance (Cap. 1).

75. Immunity of Registrar as regards official acts

Neither the Registrar nor any public officer—

(a) shall be taken to warrant the validity of the registration of a trade mark under this Ordinance; or
(b) shall incur any liability by reason of, or in connection with, any examination required or authorized by this Ordinance, or any report or other proceeding consequent on any such examination.

Legal proceedings, appeals and related matters

76. Language of proceedings before Registrar

(1) Except as otherwise provided in the rules, and notwithstanding section 5 of the Official Languages Ordinance (Cap. 5), the official language in which an application for registration of a trade mark is filed shall be used as the language of the proceedings in all proceedings before the Registrar under this Ordinance.

(2) The rules may—

(a) require, in respect of any document filed or to be filed with the Registrar in proceedings under this Ordinance, the filing of a translation of the document into the language of the proceedings or into one or both official languages;
(b) provide for the use by any person in oral proceedings before the Registrar, of a language other than the language of the proceedings;
(c) in respect of documents to be used for the purpose of evidence in proceedings before the Registrar and which are in a language other than the language of the proceedings, provide for the filing of the document in that other language and the filing of a translation of the document into the language of the proceedings or into one of the official languages;