### Trade Marks Ordinance 《商標條例》

70. Decisions of Registrar to be taken after hearing
(1) Without prejudice to any rule of law or to any provision of this Ordinance requiring the Registrar to hear any party to proceedings before him, or to give any such party an opportunity to be heard, the Registrar shall, before taking any decision on any matter under this Ordinance or the rules which is or may be adverse to any party to any proceedings before him, give that party an opportunity to be heard.
(2) The Registrar shall give a party to proceedings before him at least 14 days’ notice of the time when he may be heard unless that party consents to shorter notice.

71. Registrar’s powers in proceedings before the Registrar
(1) The Registrar may, for the purposes of proceedings before him under this Ordinance—
(a) summon witnesses;
(b) receive written or oral evidence on oath or affirmation; and
(c) require the production of documents or articles for inspection and provide for the manner of inspection.
(2) The Registrar may make such orders as he thinks fit as respects any matter mentioned in subsection (1).
(3) Any order made by the Registrar under this section shall, with leave of the court, be enforceable in like manner as an order of the court.

### Trade Marks Ordinance 《商標條例》

72. Power to give preliminary advice etc.
(1) The Registrar may give advice on the following matters to a person who proposes to apply for the registration of a trade mark—
(a) without taking section 11(2) into consideration, whether the trade mark is likely to be refused registration on a ground mentioned in section 11;
(b) whether the trade mark is likely to be refused registration on a ground mentioned in section 12(1), (2) or (3) because of an existing trade mark.
(2) A person who wishes to obtain advice on a matter mentioned in subsection (1) must file a request with the Registrar in the prescribed manner.
(3) The Registrar must give advice to the person—
(a) on receipt of the request; and
(b) on payment of the applicable prescribed fee.
(4) If there is a ground for refusing registration in respect of only some of the goods or services covered by the request, the advice does not have to specify the goods or services to which the ground applies.
(5) An applicant for the registration of a trade mark is entitled to a refund of the fees paid for filing the application if—
(a) the Registrar has given advice under subsection (1) that the trade mark is unlikely to be refused registration on a ground mentioned in section 11 or 12(1), (2) or (3);
(b) the applicant makes the application within 3 months after the advice is given;
(c) the Registrar, after further investigation or consideration, gives notice to the applicant, stating the Registrar’s objection to the registration of the trade mark on any specified ground; and
(d) the applicant withdraws the application within the prescribed period.
(6) However, the applicant is not entitled to a refund if—
(a) a change occurs after the search date in the particulars entered in the register; and
(b) the change results in the Registrar’s objection mentioned in subsection (5)(c).
(7) In this section—
existing trade mark (現有商標) means a trade mark that has already been entered in the register as at the search date;
search date (查冊日期) means the date of the search of the register by the Registrar for giving advice under this section;
specified ground (指明理由)—(a) in relation to advice that a trade mark is unlikely to be refused registration on a ground mentioned in section 11, means that a ground for refusing registration mentioned in that section applies to the trade mark; or
(b) in relation to advice that a trade mark is unlikely to be refused registration on a ground mentioned in section 12(1), (2) or (3), means that a ground for refusing registration mentioned in those provisions (whichever is applicable in a particular case) applies to the trade mark.

(8) In this section (except in the definition of existing trade mark

### Trade Marks Ordinance 《商標條例》

73. Power to specify official journal, etc.
(1) The Registrar may from time to time, by notice published in the Gazette, specify a publication to be the official journal of record for the purposes of this Ordinance, with effect as of the date specified in the notice.
(2) Where a publication is specified under subsection (1), every notice, request, document or other matter required by this Ordinance or the rules to be published in the official journal shall, from the effective date specified in the notice, be published in the publication so specified, and any reference in this Ordinance or the rules to the official journal shall be construed accordingly.
(3) The Registrar may publish or cause to be published a journal in which there may be published such documents and information relating to trade marks as the Registrar thinks fit.
(4) For the avoidance of doubt, the Registrar may specify the Gazette or the journal referred to in subsection (3) to be the official journal of record.
(5) A publication specified under subsection (1) and the journal referred to in subsection (3) need not be in a documentary form.
(6) 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).

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.