Coloured trade marks.
Restriction on regia- tration.
Provided that where the date of first user is not known with certainty it shall be sufficient to state the earliest date on which the mark was known to have been used and such date shall be entered in the register as the date of first user,
(4) Any such refusal or conditional acceptance shall be subject to appeal in the prescribed manner to the Court, and, if the ground for refusal is insufficiency of evidence as to user, such refusal shall be without prejudice to any application for registra- tion of the trade mark in Part A of the register.
(5) A mark may be registered in Part B notwithstanding any registration in Part A by the same proprietor of the same mark or any part or parts thereof.
(6) The provisions of sections 64, 65, 66, 67, 68, 70 and 71 shall not apply in respect of trade marks to which this section applies.
11. (1) A trade mark may be limited in whole or in part to one or more specified colours, and in any such case the fact that it is so limited shall be taken into consideration by any tribunal having to decide on the distinctive character of the trade mark.
(2) If and so far as a trade mark is registered without limitation of colour, it shall be deemed to be registered for all colours.
12. (1) It shall not be lawful to register as a trade mark or part of a trade mark any matter the use of which would be likely to deceive or would be disentitled to protection in a court of justice or would be contrary to law or morality, or any scandalous design.
(3) No word which is the commonly used and accepted name of any single chemical clement or single chemical compound, as distinguished from a mixture, shall be registered as a trade mark in respect of a chemical substance or preparation, and any such registration in force at the commencement of this Ordinance or thereafter shall, notwithstanding anything in section 30, be deemed for the purposes of section 48 to be an entry made in the register without sufficient cause, or an entry wrongly remaining on the register, as the circumstances may require :
Provided that the foregoing provisions of this subsection shall not have effect in relation to a word which is used to denote only a brand or make of the element or compound as made by the proprietor or a registered user of the trade mack, as distinguished from the element or compound as made by others, and in associn- tion with a suitable name or description open to the public use,
Registration of Trade Marks.
13. (1) Any person claiming to be entitled to be registered Application
for regis as the proprietor of a trade mark used or proposed to be used by tration. him who is desirous of registering it must apply in writing to the Registrar in the prescribed manner for registration either in Part A or Part B of the register.
(2) Subject to the provisions of this Ordinance, the Registrar may refuse the application, or accept it absolutely or subject to such conditions, amendments, modifications, or limitations, it any, as he may think right.
(3) In the case of an application for registration of a trade mark (other than a certification trade mark) in Part A of the register, the Registrar may, if the applicant is willing, instead of refusing the application, treat it as an application for registra- tion in Part B and deal with the application accordingly,
(4) In the case of a refusal or conditional acceptance, the Registrar shall, if required by the applicant, state in writing the grounds of his decision and the materials used by bim in arriving thereat, and the decision shall be subject to appeal to the Court.
(5) An appeal under this section shall be made in the pre- scribed manner, and on such appeal the Court shall, if required, hear the applicant and the Registrar, and shall make an order determining whether, and subject to what amendments, modifica- tions, conditions or limitations, if any, the application is to be accepted.
(6) Appeals under this section shall be heard on the materials stated as aforesaid 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 so stated as aforesaid by him,