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]

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