### Trade Marks Ordinance 《商標條例》

42. Examination of application
(1) The Registrar shall examine whether the application satisfies the requirements for registration under this Ordinance, including any requirements imposed by the rules for the purposes of this section.
(2) For the purpose of subsection (1), the Registrar shall carry out a search of earlier trade marks to such extent as he considers necessary.
(3) If it appears to the Registrar that the requirements for registration are not met, the Registrar shall, by notice in writing—
(a) inform the applicant of the Registrar’s opinion;
(b) inform him that he may make representations to the Registrar to establish that the requirements for registration are met or that he may amend the application so as to meet those requirements, but that he must do so within the prescribed period; and
(c) inform him of the provisions of subsection (4).
(4) The Registrar shall refuse to accept the application if the applicant—
(a) fails to respond to the notice before the end of the period prescribed for the purposes of subsection (3)(b); or
(b) fails, before the end of that period, to satisfy the Registrar that the requirements for registration are met or to amend the application so as to meet those requirements.
(5) If it appears to the Registrar that the requirements for registration are met, he shall accept the application, but the Registrar may withdraw the acceptance at any time before particulars of the application have been published under section 43 (publication of particulars of application) if it appears to him that the application has been accepted in error.
(6) The Registrar shall notify the applicant in writing of any decision made by him under subsection (4) or (5).

43. Publication of particulars of application
Where the Registrar accepts an application for registration of a trade mark under section 42 (examination of application), particulars of the application shall be published in the official journal in accordance with the rules.

44. Opposition proceedings
(1) Any person may, within the prescribed period beginning on the date of publication of particulars of an application under section 43 (publication of particulars of application), give notice to the Registrar of opposition to the registration.
(2) A notice of opposition shall be given in writing in the prescribed manner and shall include a statement of the grounds of opposition.

45. Withdrawal of application
(1) An applicant for registration of a trade mark may at any time withdraw his application.
(2) If particulars of the application have been published in accordance with section 43 (publication of particulars of application), particulars of the withdrawal shall be published in the official journal in accordance with the rules.

### Trade Marks Ordinance 《商標條例》

46. Amendment of application
(1) At the request of the applicant, the Registrar may amend an application for registration of a trade mark as provided in this section.
(2) The Registrar may amend an application for registration of a trade mark to add a representation of a registered trade mark together with the registered particulars of that trade mark the Registrar considers appropriate. (Replaced 3 of 2020 s. 10)
(2A) However, the application may be amended only if all the following conditions are met—
(a) at the time the request is made, the registered trade mark is registered in the applicant’s name;
(b) the application is made in respect of any or all of the goods or services for which the registered trade mark is registered;
(c) the date of registration of the registered trade mark is earlier than the date of the application. (Added 3 of 2020 s. 10)
(2B) If the application is amended as provided for under subsection (2), the registered particulars have effect only in relation to the part of the amended application that is a representation of the registered trade mark. (Added 3 of 2020 s. 10)
(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.
(6) In this section—
registered particulars (註冊詳情), in relation to a registered trade mark—(a) means the particulars or matters that are entered in the register under section 67(2); and
(b) without limiting paragraph (a), includes—
(i) a statement that claims a colour or a 3-dimensional shape as the trade mark or an element of the trade mark;
(ii) a statement that the trade mark consists wholly or partly of a sound or smell; and
(iii) a disclaimer, limitation or condition that applies to the trade mark. (Added 3 of 2020 s. 10)

### Trade Marks Ordinance 《商標條例》

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.

49. Duration of registration
(1) A trade mark shall be registered for a period of 10 years beginning on its date of registration.
(2) Registration may be renewed in accordance with section 50 (renewal of registration) for further periods of 10 years.

50. Renewal of registration
(1) The owner of a registered trade mark may, in the prescribed manner, request the renewal of the registration of the trade mark, subject to payment of the prescribed renewal fee.
(2) Provision may be made by the rules for the Registrar to inform the owner of a registered trade mark, before the expiry of the registration, of the date of expiry and the manner in which the registration may be renewed.
(3) A request for renewal must be made, and the renewal fee paid, before the expiry of the registration; and failing this, the request may be made and the renewal fee paid within such further period, of not less than 6 months, as may be prescribed, in which case an additional prescribed fee must also be paid within that period.
(4) Renewal shall take effect from the expiry of the previous registration.
(5) If the registration is not renewed in accordance with this section, the Registrar shall remove the trade mark from the register.
(6) Provision may be made by the rules for the restoration of the registration of a trade mark which has been removed from the register under subsection (5), subject to such conditions, if any, as may be prescribed.
(7) Notice of the renewal or restoration of the registration of a trade mark shall be published in the official journal in accordance with the rules.