A 8 CAP. 43]
[Subsidiary]
Trade Marks Rules
[1989 Ed.
furnished with consent from him or, in the case of a person recently dead, from his legal representatives, and in default of such consent he may refuse to register the mark.
7. Name or description of goods
(1) Where the name or description of any goods appears on a trade mark, the Registrar may refuse to register such mark in respect of any goods other than the goods so named or described.
(2) Where the name or description of any goods appears on a trade mark, which name or description in use varies, the Registrar may permit the registration of the mark for those and other goods, and in that case the applicant shall state in his application that the name or description will be varied when the mark is used upon goods covered by the specification other than the named or described goods.
8. Preliminary advice by Registrar as to distinctiveness
(1) Any person who proposes to apply for the registration of a trade mark in Part A or Part B of the register in respect of any goods may apply to the Registrar on Form TM-No. 1, or on Form TM-No. 2 in a case when he is also making an application under rule 108(1), for advice as to whether the trade mark, of which representations shall accompany the Form, appears to the Registrar prima facie to be inherently adapted to distinguish within the meaning of section 9 or inherently capable of distinguishing within the meaning of section 10 as the case may be in relation to those goods, and shall apply separately in relation to goods comprised within different classes of goods in Schedule 4. (L.N. 256 of 1987)
(2) A notice of withdrawal of an application for the registration of a trade mark given under section 73(3) for the purpose of obtaining repayment of any fee paid on the filing of the application shall be given in writing within 2 months from the date of the notice of the Registrar's objection.
APPLICATION FOR REGISTRATION OF A TRADE MARK (SECTION 13)
9. Form of application
(1) An application under section 13 for the registration of a trade mark in Part A or Part B of the register shall be addressed to the Registrar on Form TM-No. 3, and shall have affixed thereto a representation of the mark. The application shall be signed by the applicant or his agent. If the application is
A 8 CAP. 43]
[Subsidiary]
Trade Marks Rules
[1989 Ed.
furnished with consent from him or, in the case of a person recently dead, from his legal representatives, and in default of such consent he may refuse to register the mark.
7. Name or description of goods
(1) Where the name or description of any goods appears on a trade mark, the Registrar may refuse to register such mark in respect of any goods other than the goods so named or described.
(2) Where the name or description of any goods appears on a trade mark, which name or description in use varies, the Registrar may permit the registration of the mark for those and other goods, and in that case the applicant shall state in his application that the name or description will be varied when the mark is used upon goods covered by the specification other than the named or described goods.
8. Preliminary advice by Registrar as to distinctiveness
(1) Any person who proposes to apply for the registration of a trade mark in Part A or Part B of the register in respect of any goods may apply to the Registrar on Form TM-No. 1, or on Form TM-No. 2 in a case when he is also making an application under rule 108(1), for advice as to whether the trade mark, of which representations shall accompany the Form, appears to the Registrar prima facie to be inherently adapted to distinguish within the meaning of section 9 or inherently capable of distinguishing within the meaning of section 10 as the case may be in relation to those goods, and shall apply separately in relation to goods comprised within different classes of goods in Schedule 4. (L.N. 256 of 1987)
(2) A notice of withdrawal of an application for the registration of a trade mark given under section 73(3) for the purpose of obtaining repayment of any fee paid on the filing of the application shall be given in writing within 2 months from the date of the notice of the Registrar's objection.
APPLICATION FOR REGISTRATION OF A TRADE MARK (SECTION 13)
9.
Form of application
(1) An application under section 13 for the registration of a trade mark in Part A or Part B of the register shall be addressed to the Registrar on Form TM-No. 3, and shall have affixed thereto a representation of the mark. The application shall be signed by the applicant or his agent. If the application is
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