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
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