ss 19–22
TRADE MARKS ACT
treat it as an application for registration in Part B of the
Register and deal with the application accordingly.
(4) In the case of a refusal or conditional acceptance
of an application for registration, the Registrar shall, if
required by the applicant, state in writing the grounds
of his decision and the materials used by him in arriving
thereat, and the decision of the Registrar shall be
subject to appeal.
(5) An appeal under this section shall be made in the
prescribed manner and on the appeal the Tribunal shall,
if required, hear the applicant and the Registrar and
shall otherwise deal with such appeal in accordance
with Part XII.
(6) An appeal under this section shall be heard on
the materials stated by the Registrar in terms of
subsection (5) 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 by
him, except by leave of the Tribunal, and where any
further grounds of objection are taken, the applicant
shall be entitled to withdraw his application without
payment of costs on giving notice as prescribed.
(7) The Registrar may, at any time before or after
acceptance—
(a) correct any error in or in connection with the
application; or
(b) permit the applicant to amend his application
upon such terms as the Registrar may think fit:
Provided that the Registrar shall not permit an
amendment which substantially affects the identity of the trade mark.
(8) Where the Tribunal is considering an appeal
from a decision of the Registrar in terms of subsection
(4), the Tribunal may permit the applicant to amend his
application in terms of subsection (7) without the
application for such amendment being made to the
Registrar, but in such case the views of the Registrar on
the amendment shall be obtained.
(3) The Registrar shall send a copy of any notice in
terms of subsection (2) to the applicant and, within the
prescribed time after receipt thereof, the applicant shall
22 Opposition to registration and appeals
(1) When an application for registration of a trade
mark has been accepted, whether absolutely or subject
to amendments, modifications, conditions or limitations, the applicant shall, as soon as may be after
acceptance, advertise in the prescribed manner the
application as accepted and the advertisement shall set
forth all conditions and limitations subject to which the
application has been accepted:
Provided that the Registrar may direct that an application shall be advertised before acceptance—
(a) if it is made under paragraph (e) of subsection
(1) of section twelve; or
(b) in any other case where it appears to the Registrar that it is expedient by reason of any exceptional circumstances so to do;
and where an application has been so advertised, the
Registrar may, if he thinks fit, direct that it shall be
advertised again when it has been accepted.
(2) Any person may, within the prescribed time from
the date of the advertisement of an application, give
notice to the Registrar of opposition to the registration,
which notice shall—
(a) be given in writing in the prescribed manner; and
(b) include a statement of the grounds of opposition.
91
[Chapter 26:04]
Select target paragraph3
Add to table of contents