ss 22–24 TRADE MARKS ACT 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 a counter-statement in terms of subsection (3), the Registrar shall— (a) furnish a copy thereof to the persons giving notice of opposition; and (b) after hearing the parties, if so required, and considering the evidence, decide whether, and subject to what amendments, modifications, conditions or limitations, if any, registration is to be permitted. (5) An appeal shall lie from any decision of the Registrar under this section, other than a decision in terms of paragraph (a) of subsection (10). (6) An appeal under this section shall be made in the prescribed form and manner and on the appeal the Tribunal shall— (a) if required, hear the parties and the Registrar; and (b) make an order determining whether, and subject to what amendments, modifications, conditions or limitations, if any, registration is to be permitted. (7) On the hearing of an appeal under this section, 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) On an appeal 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 in terms of this section by the opponent, except by leave of the Tribunal, and where any further grounds of objection are taken, the applicant, on giving notice as prescribed, shall be entitled to withdraw his application without payment of the costs of the opponent. (9) On an appeal under this section, the Tribunal may, after hearing the Registrar, permit the trade mark proposed to be registered to be modified in any manner not substantially affecting the identity thereof, and may direct that the trade mark as so modified shall be advertised in the prescribed manner before being registered. (10) Notwithstanding anything to the contrary contained in this section, where— (a) the Registrar considers that by reason of any point of law involved or of the unusual importance or complexity of the matter it is desirable to do so; or (b) the applicant and all persons who have given notice of opposition so request; the Registrar, instead of deciding the matter as required by paragraph (b) of subsection (4), shall refer the matter to the Tribunal for decision and shall thereafter, in relation to the matter, act in accordance with the decision of the Tribunal. (11) Regulations made in terms of section one hundred and four may provide for the granting of an extension of the time prescribed for the doing of any thing in terms of this section. 23 Registration (1) When an application for registration of a trade mark has been accepted and the application— [Chapter 26:04] (a) has not been opposed and the time for notice of opposition has expired; or (b) has been opposed and the opposition has been decided in favour of the applicant; the Registrar shall register the trade mark in Part A or Part B, as the case may be, of the Register and the trade mark, when registered, shall be registered as at the date of the 92