TRADE MARKS ORDINANCE
Licensing of registered mark
9. (1) Section 33 (licences may be general or limited) and section 34(2) (exclusive licence may provide same rights as assignment, etc.) of this Ordinance apply only in relation to licences granted on or after the commencement date; and the old law continues to apply in relation to licences granted before that date.
(2) Existing entries under section 58 of the repealed Ordinance (registered users) shall be deemed to be transferred to the new register on the commencement date and shall have effect as if made under section 29 of this Ordinance (registration of transactions affecting registered trade mark).
(3) Provision may be made by the rules for putting such existing entries in the same form as is required for new entries made in the new register on or after the commencement date.
(4) An application made under section 58 of the repealed Ordinance (registered users) for registration as a registered user which is pending on the commencement date shall be treated as an application for registration of a licence under section 29(1) of this Ordinance (registration of transactions affecting registered trade mark) and shall proceed accordingly.
(5) The Registrar may require the applicant to amend his application so as to conform with the requirements of this Ordinance.
(6) Any proceedings pending on the commencement date under section 60 of the repealed Ordinance (variation or cancellation of registration as a registered user) shall be dealt with under the old law, and any necessary alterations and entries shall be made to the new register.
Pending applications for registration
10. (1) Subject to subsection (6), an application for registration of a mark under the repealed Ordinance which is pending on the commencement date shall be dealt with under the old law, and if registered, the mark shall be treated for the purposes of this Schedule as an existing registered mark.
(2) Section 15 of the repealed Ordinance (opposition to registration) and any other provisions of the old law relating to oppositions to registration continue to apply in relation to an application mentioned in subsection (1).
(3) Provision may be made by the rules for regulating the practice and procedure in connection with an application mentioned in subsection (1) or an opposition to registration mentioned in subsection (2).
(4) Without prejudice to the generality of subsection (3), the rules may make provision—
- (a) authorizing the rectification of irregularities of procedure;
- (b) modifying time limits for anything required to be done under the rules; and
- (c) providing for the extension of any time limit so prescribed whether or not it has already expired.
(5) The power of the Registrar under section 91 of this Ordinance (rules) to make rules regulating the practice and procedure, and as to the matters mentioned in subsection (2) of that section, is exercisable in relation to such applications; and different provision may be made for such applications from that made for other applications.
(6) Sections 24, 25(2), 26(2) and 56 of the repealed Ordinance (provisions as to associated trade marks) shall be disregarded in dealing, on or after the commencement date, with an application for registration of a mark under the repealed Ordinance.
Conversion of pending application
11. (1) In the case of pending applications for registration referred to in section 10(1) of this Schedule which have not been advertised under section 14 of the repealed Ordinance (advertisement of application) before the commencement date, the applicant may give notice to the Registrar claiming to have the registrability of the mark determined in accordance with this Ordinance.
(2) The notice mentioned in subsection (1) must be in the prescribed form, be accompanied by the prescribed fee and be given no later than 6 months after the commencement date.
(3) A notice duly given under subsection (1) is irrevocable and has the effect that the application for registration is to be treated as if made on the commencement date.
