68
[Subsidiary]
CAP. 506
Trade Marks
[Rev. 2009
person, may be signed, made or given by or through an agent.
(2) Any such applicant, person making request or giving notice, proprietor
or registered user may appoint an agent to act for him in any proceeding or
matter before or affecting the Registrar or the court under the Act and these
Rules by signing and sending to the Registrar or the court, as the case may be,
an authority to that effect in form TM 1 or in such other written form as the
Registrar or the court may deem sufficient.
(3) In case of such appointment, service upon the agent of any document
relating to the proceeding or matter shall be deemed to be service upon the
person so appointing him, all communications directed to be made to that
person in respect of the proceeding or matter may be addressed to the agent,
and all attendances upon the Registrar relating thereto may be made by or
through the agent.
(4) In any particular case the Registrar may require the personal signature
or presence of an applicant, opponent, proprietor, registered user or other
person.
Registrable Trade Marks and Preliminary Advice (Section 43)
Registrable
trade marks.
15. (1) The Registrar may refuse to accept any application for the
registration of a mark upon which any of the following appear(a) the words “Patent”, “Patented”, “Registered”, “Registered Design”,
“Copyright”, “Entered at Stationer’s Hall” or “To counterfeit this
is a forgery”, or words to similar effect;
(b) representations of the Head of State of any foreign state, or any
colourable imitation thereof;
(c) the words “Red Cross”, or “Geneva Cross”, and representations
of the Geneva and other crosses in red, or of the Swiss Federal
cross in white on a red ground or silver on a red ground, or such
representations in a similar colour or colours.
(2) Where there appears in a trade mark the registration of which is
applied for a representation of a cross in any colour, not being one of those
mentioned in subparagraph (c) of paragraph (1), the Registrar may require the
applicant as a condition of acceptance to undertake not to use the cross device
on red, or in white on a red ground or silver on a red ground, or in any similar
colour or colours.
Flags, emblems,
arms, etc.
Cap. 99.
16. Representations in any form of any of the following, or any device
so nearly resembling them as to be likely to lead to mistake, may not appear
on trade marks the registration of which is applied for(a) without the written permission of the competent authority, any
specified emblem, specified likeness or specified name within the
meaning of section 2 of the National Flag, Emblems and Names