1802
No. 40 of 1909.
Application
for registra-
tion.
5 Edw. 7, c. 15, s. 12.
Advertise-
ment of
registration.
5 Edw. 7, c. 15, s. 13.
TRADE MARKS
Registration of trade marks.
12.-(1) Any person claiming to be the proprietor of a trade mark who is desirous of registering the same must apply in writing to the Registrar in the prescribed manner.
[(2), rep. No. 21 of 1911.]
(3) Subject to the provisions of this Ordinance, the Registrar may refuse an application, or may accept it absolutely or subject to conditions, amendments, or modifications.
(4) In case of any such refusal or conditional acceptance, the Registrar shall, if required by the applicant, state in writing and communicate to the applicant the grounds of his decision and the materials used by him in arriving at the same, and such decision shall be subject to appeal to the Governor or the court at the option of the applicant. The Tribunal shall, if required, hear the applicant and the Registrar, and shall make an order determining whether, and subject to what conditions, amendments, or modifications, if any, the application is to be accepted.
(5) Appeals under this section shall be heard on the materials so stated by the Registrar to have been used by him in arriving at his decision, and no further grounds of objection to the acceptance of the application shall be allowed to be taken by the Registrar, other than those stated by him, except by leave of the Tribunal hearing the appeal. Where any further grounds of objection are taken, the applicant shall be entitled to withdraw his application without payment of costs on giving notice.
(6) The Registrar or the Governor or the court, as the case may be, may at any time, whether before or after acceptance, correct any error in or in connexion with the application, or may permit the applicant to amend his application upon such terms as he or it may think fit.
13. When an application for registration of a trade mark has been accepted, whether absolutely or subject to conditions, the applicant shall, as soon as may be after such acceptance, cause the application, as accepted, to be advertised in the prescribed manner. Such advertisement shall set forth all conditions subject to which the application has been accepted.