A new chapter on “Trade marks of companies incorporated in the Hong Kong SAR that are dissolved” has been added to provide details on the approach taken by the Registrar in situations such as where he becomes aware that the owner of a registered trade mark subject to invalidation or revocation proceedings is a dissolved Hong Kong company.

The chapter on “Evidence” has been revised to provide more guidance on pagination of exhibits, to clarify that a request to cross-examine a person who has filed a statutory declaration should be made as soon as practicable, and to reflect various miscellaneous textual amendments.

The chapter on “Hearings” has been revised to update the Registry’s practice on filing and service of authorities and skeleton arguments and to reflect various miscellaneous textual amendments.

The following chapters have been updated to reflect –

(a) certain miscellaneous and technical amendments to the Ordinance introduced under the Trade Marks (Amendment) Ordinance 2020 with effect from 19 June 2020;

(b) the adoption of several new trade marks forms with effect from the same date; and also

(c) various miscellaneous textual revisions:

1. Address for service and change of name, address or address for service;
2. Alteration of registered trade marks;
3. Amendment of applications;
4. Applications for extension of time (other than under rules 13(3) and 13(6));
5. Assents by personal representatives;
6. Assignments of registered trade marks and applications;
7. Certification and collective marks;
8. Certified copies;
9. Claim to priority;
10. Classification;
11. Consent, honest concurrent use and other special circumstances;
12. Correction of errors or omissions attributable to the Registrar;
13. Cross search list;
14. Defensive trade marks;
15. Deficiencies checking;
16. Division of applications;
17. Geographical origins;
18. Licences in respect of registered trade marks and applications;
19. Names, signatures and images of individuals; fictitious character, titles of books, films and songs;
20. Objections and opposition to change of classification of goods or services;
21. Objections to amendment of applications for trade marks;
22. Opposition to registration;
23. Orders of court transferring registered trade marks and applications;
24. Relative grounds for refusal;
25. Renewal and restoration;
26. Revocation of registration on grounds of non-use;
27. Search;
28. Security interests over registered trade marks and applications;
29. Series of trade marks;
30. Shape marks;
31. Slogans and phrases;
32. Surrender of registered trade marks;
33. Taxation of costs;
34. Transitional arrangements for the repealed Trade Marks Ordinance (Cap. 43);
35. Transitional provisions for proceedings before the Registrar; and
36. Variation and rectification of registration.

The chapter on “Absolute grounds for refusal” has been updated to reflect -

(a) the addition of a new absolute ground for refusal of registration into the Ordinance concerning use of the national anthem in applied-for trade marks pursuant to the National Anthem Ordinance (Instrument A405) with effect from 12 June 2020; and

(b) various miscellaneous textual revisions.