1986 Ed.]
Trade Marks
[CAP. 43
11
colony, protectorate or territory on behalf of which the said Convention has been denounced;
(c) otherwise amend the Schedule.
(Added, 55 of 1977, s. 2)
14. When an application for registration of a trade mark has been accepted, whether absolutely or subject to conditions or limitations, the Registrar shall require the applicant to advertise it, as accepted, in the prescribed manner. The advertisement shall set forth all conditions and limitations subject to which the application has been accepted:
Provided that the Registrar may require an application for registration of a trade mark to be advertised by the applicant before acceptance—
(a) if it be made under section 9(1)(e); or
(b) in any other case where it appears to him that it is expedient by reason of any exceptional circumstances so to do.
and where an application has been so advertised the Registrar may, if he thinks fit, require the applicant to advertise it again when it has been accepted but shall not be bound so to do.
15. (1) Any person may, within the prescribed time from the date of the advertisement of an application, give notice to the Registrar of opposition to the registration.
(2) The 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 the notice to the applicant, and, within the prescribed time after the receipt thereof, 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.
(4) If the applicant sends such a counter-statement, the Registrar shall furnish a copy thereof to the person giving notice of opposition, and shall, after hearing the parties, if so required, and considering the evidence, decide whether, and subject to what conditions or limitations, if any, registration is to be permitted.
(5) The decision of the Registrar shall be subject to appeal to the Court.
(6) An appeal under this section shall be made in the prescribed manner, and on the appeal the Court shall, if required, hear the parties and the Registrar, and shall make an order determining whether, and subject to what conditions or limitations, if any, registration is to be permitted.
Advertisement of application.
1938 c. 22, s. 18(1).
Opposition to registration. 1938 c. 22, s. 18(2) to (11).