Dis- claimers,
Registra- tinn, and failure to complete.
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"
Colony, the tribunal may require him to give security for costs of the proceedings before it relative to the opposition or to the appeal, as the case may be, and in default of such security being duly given may treat the opposition or application, or the appeal, as the case may be, as abandoned.
16. If a trade mark contains parts not Separately registered by the proprietor as trade marks, or if it contains matter comman to the trade, or otherwise of a non-distinctive character, the Registrar 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 necessary 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.
17. (1) When an application for registration of a trade mark in Part A or in Part B of the register 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, unless the application has been accepted in error or unless the Governor otherwise directs. register the trade mark in Part A or Part B, as the case may be, and the trade mark when registered shall be registered as of the date of the application for registration, and such date shall be deemed for the purposes of this Ordinance to be the date of registration.
(2) The registration of a trade mark shall be for a period of seven years, but may be renewed according to the provisions of section 45:
Provided that, in relation to a registration as of a date before the commencement of this Ordinance, this subsection shall have effect with the substitution of a period of fourteen years for the said period of seven years.
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(3) On the registration of a trade mark the Registrar shall issue to the applicant a certificate in the prescribed form of the registration thereof under the hand and scal of the Registrar.
(4) When the registration of a trade mark is not completed within twelve months from the date of the application by reason of default on the part of the applicant, the Registrar may, after giving notice of the non-completion to the applicant in writing in the prescribed manner, treat the application as abandoned unless it is completed within the time specified in that behalf in the nolice.
18. (1) An application for the registration of a trade mark Applica- in respect of any goods shall not be refused, nor shall permission tion for
registration for such registration be withheld, on the ground only that it of mark
not to be appears that the applicant does not use or propose to use the
used by trade mark-
applicunt but to be (a) if the Registrar is satisfied that a body corporate is about assigned to corporation to be constituted, and that the applicant intends to assign to be
constituted the trade mark to the corporation with a view to the use
or to be thereof in relation to those goods by the corporation; or used by
registered
(b) if the application is accompanied by an application for user. the registration of a person as a registered user of the trade mark, and the Registrar is satisfied that the pro- prietor intends it to be used by that person in relation to those goods and the Registrar is also satisfied that that person will be registered as a registered user thereof immediately after the registration of the trade mark,
(2) The Registrar may, as a condition of the exercise of the power conferred by subsection (1) in favour of the applicant who relies on intention to assign to a corporation as aforesaid, require him to give security for the costs of any proceedings relative to any opposition, and in default of such security being duly given may treat the application as abandoned.
(3) Where a trade mark is registered in respect of any goods under the power conferred by subsection (1) in the name of an applicant who relies on intention to assign to a corporation as aforesaid, then, unless within such period as may be prescribed, or within such further period not exceeding six months as the Registrar may on application being made to him in the prescribed manner allow, the corporation has been registered as the proprietor