TRADE MARKS ORDINANCE
PART VI
Application and Registration Procedures
Application for registration of trade mark
38. Application for registration
(1) An application for registration of a trade mark shall be filed with the Registrar in the prescribed manner.
(2) The application shall include—
- (a) a request for registration of the trade mark;
- (b) the name and address of the applicant;
- (c) a statement of the goods or services in relation to which it is sought to register the trade mark;
- (d) a representation of the trade mark; and
- (e) such other information, documents or matter as may be required by the rules.
(3) The application shall state whether the trade mark is being used, by the applicant or with his consent, in relation to the goods or services in respect of which it is sought to be registered, and if it is not being so used, whether the applicant honestly intends to use the trade mark, or to allow it to be used, in relation to those goods or services.
(4) The application shall be filed in one of the official languages and shall also comply with the requirements of this Ordinance and the rules as to the provision of information in, or the translation of documents into, one or both of the official languages.
(5) The application shall be accompanied by the prescribed application fee and such other fees as may be prescribed.
39. Filing date
(1) The filing date of an application for registration of a trade mark is the date on which documents containing everything required by section 38(2)(a) to (d) (application for registration) are filed with the Registrar.
(2) If the documents are filed on different dates, the filing date is the last of those dates.
(3) References in this Ordinance to the date of application for registration of a trade mark shall be construed as references to the filing date of the application for registration.
