TRADE MARKS.
No. 40 of 1909.
1803
!
tion.
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.
(4) If the applicant sends such counter-statement, the Registrar shall furnish a copy thereof to the persons giving notice of opposition, and shall after hearing the parties, if so required, and considering the evidence, decide whether, and subject to what conditions, registration is to be permitted.
(5) The decision of the Registrar shall be subject to appeal to the court or, with the consent of the parties, to the Governor.
(6) An appeal under this section shall be made in the prescribed manner, and on such appeal the Tribunal shall, if required, hear the parties and the Registrar, and shall make an order determining whether and subject to what conditions, if any, registration is to be permitted.
(7) On the hearing of any such appeal, any party may, either in the manner prescribed or by special leave of the Tribunal, bring forward further material for the consideration of the Tribunal.
(8) In proceedings under this section, no further grounds of objection to the registration of a trade mark shall be allowed to be taken by the opponent or the Registrar other than those stated by the opponent as hereinbefore provided, 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 the costs of the opponent on giving notice as prescribed.
* As amended by Law Rev. Ord., 1924.
c. 15, s. 14.
*
Page 5
Page 6
TRADE MARKS.
No. 40 of 1909.
1803
!
tion.
14. (1) Any person may, within the prescribed time from Opposition the date of the advertisement of an application for registra- to registra- tion of a trade mark, give notice to the Registrar of opposi- 5 Edw. 7, tion 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.
(4) If the applicant sends such counter-statement, the Registrar shall furnish a copy thereof to the persons giving notice of opposition, and shall after hearing the parties, if so required, and considering the evidence, decide whether, and subject to what conditions, registration is to be permitted.
(5) The decision of the Registrar shall be subject to appeal to the court or, with the consent of the parties, to the Governor.
(6) An appeal under this section shall be made in the prescribed manner, and on such appeal the Tribunal shall, if required, hear the parties and the Registrar, and shall make an order determining whether and subject to what conditions, if any, registration is to be permitted.
(7) On the hearing of any such appeal, any party may, either in the manner prescribed or by special leave of the Tribunal, bring forward further material for the considera- tion of the Tribunal.
(8) In proceedings under this section, no further grounds of objection to the registration of a trade mark shall be allowed to be taken by the opponent or the Registrar other than those stated by the opponent as hereinbefore provided, 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 the costs of the opponent on giving notice as prescribed.
* As amended by Law Rev. Ord., 1924.
c. 15, s. 14.
*
Page 5Page 6
No comments yet.
Private notes are available after approval.