34
CAP. 43]
Trade Marks
[1986 Ed.
1938 c. 22, FIRST SCHEDULE, Para. 1.
Advertisement of application. Opposition to registration.
1938 c. 22,
FIRST SCHEDULE, Para. 2.
(5) The Registrar shall consider the application with regard to the following matters-
(a) whether the applicant is competent to certify the goods in respect of which the mark is to be registered;
(b) whether the draft regulations are satisfactory; and
(c) whether in all the circumstances the registration applied for would be to the public advantage;
and may either-
(i) refuse to accept the application; or
(ii) accept the application, and approve the regulations, either without modification and unconditionally or subject to any conditions or limitations, or to any amendments or modifications of the application or of the regulations, which he may think requisite having regard to any of the matters aforesaid:
but, except in the case of acceptance and approval without modification and unconditionally, the Registrar shall not decide the matter without giving to the applicant an opportunity of being heard:
Provided that the Registrar may, at the request of the applicant, consider the application with regard to any of the matters aforesaid before the application has been accepted, so however that the Registrar shall be at liberty to reconsider any matter on which he has given a decision under this proviso if any amendment or modification is thereafter made in the application or in the draft regulations.
(6) Any decision of the Registrar under this section shall be subject to appeal to the Court.
66. (1) When an application for the registration of a certification trade mark has been accepted, whether absolutely or subject to conditions and limitations, the Registrar shall require the applicant to advertise it, as accepted, in the prescribed manner, and the provisions of section 15 shall have effect in relation to the registration of the mark as if the application had been an application under section 13:
Provided that, in deciding under the said provisions, the Registrar shall have regard only to the considerations referred to in section 65(3), and a decision under the said provisions in favour of the applicant shall be conditional on the determination in his favour by the Registrar under subsection (2) of any opposition relating to any of the matters referred to in section 65(5).
(2) When notice of opposition is given relating to any of the matters referred to in section 65(5), the Registrar shall, after hearing the parties, if so required, and considering any evidence, decide whether, and subject to what conditions and limitations, or amendments or modifications of the application or of the regulations, if any, registration is, having regard to those matters, to be permitted.
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