1144
No. 40 of 1909.
TRADE MARKS.
Advertise- ment of registration. 5 Edw. 7, c. 15, s. 13.
Opposition to registra- tion. 5 Edw. 7, c. 15, s. 14.
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, amend- ments or modifications, if any, the application is to be accepted.
(4) 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.
(5) 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 pre- scribed manner. Such advertisement shall set forth all conditions subject to which the application has been accepted.
14. (1) Any person may, within the prescribed time from the date of the advertisement of an application for registration of a trade mark, give notice to the Registrar of opposition to such registration.
(2) Such notice shall be given in writing in the prescribed manner and shall include a statement of the grounds of opposition.
(3) The Registrar shall send a copy of such notice to the applicant and, within the prescribed time after the receipt of such notice, the applicant shall send to the Registrar, in the prescribed manner, a counter-statement of the grounds on which he relies for his application, and if he does not do so he shall be deemed to have abandoned his application.
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