1804
Disclaimers.
5 Edw. 7,
c. 15, s. 15.
Date of
5 Edw. 7, c. 15, s. 16.
No. 40 of 1909.
TRADE MARKS.
(9) In any appeal under this section, the Tribunal may, after hearing the Registrar, permit the trade mark proposed to be registered to be modified in any manner not substantially affecting the identity of such trade mark, but in such case the trade mark as so modified shall be advertised in the prescribed manner before being registered.
(10) The Registrar or, in the case of an appeal to the Governor, the Governor, shall have power in proceedings under this section to award to any party costs of such proceedings or any part thereof, and to direct how and by what parties and on what scale they are to be paid. Such costs shall be taxed before the Registrar of the Supreme Court and shall be recoverable in the same manner as costs in an action.
(11) If a party giving notice of opposition or of appeal neither resides nor carries on business in the Colony, the Registrar or the Tribunal may require such party to give security for costs of the proceedings before it relative to such opposition or appeal and, in default of such security being duly given, may treat the opposition or appeal as abandoned.
15. If a trade mark contains parts not separately registered by the proprietor as trade marks, or if it contains matter common to the trade or otherwise of a non-distinctive character, the Registrar or the Governor or the court, in deciding whether such trade mark shall be entered or shall remain upon the Register, may require, as a condition of its being upon the Register, that the proprietor shall disclaim any right to the exclusive use of any part or parts of such trade mark, or of all or any portion of such matter, to the exclusive use of which the Tribunal holds him not to be entitled, or that he shall make such other disclaimer as the Tribunal may consider needful for the purpose of defining his rights under such registration: Provided always that no disclaimer upon the Register shall affect any rights of the proprietor of a trade mark except such as arise out of the registration of the trade mark in respect of which the disclaimer is made.
16. When an application for registration of a trade mark registration has been accepted and has not been opposed, and the time for notice of opposition has expired, or, having been opposed, the opposition has been decided in favour of the applicant, the Registrar shall register the said trade mark, and the