Application for registration
11.—(1)  Any person claiming to be the proprietor of a trade mark used or proposed to be used by him who is desirous of registering it in Part A shall apply in writing to the Registrar in the prescribed manner.
(2)  Subject to the provisions of this Act, the Registrar may refuse the application or may accept it absolutely or subject to conditions, amendments or modifications, or to such limitations, if any, as he may think right to impose.
(3)  In the case of a refusal or conditional acceptance, the Registrar shall, if required by the applicant, state in writing the grounds of his decision and the material used by him in arriving at it, and the decision shall be subject to appeal to the court.
(4)  An appeal under this section shall be made in the prescribed manner, and on the appeal the court shall, if required, hear the applicant and the Registrar, and shall make an order determining whether, and subject to what conditions, amendments or modifications, if any, or to what limitations, if any, the application is to be accepted.
(5)  Appeals under this section shall be heard on the materials so stated by the Registrar to have been used by him in arriving at his decision, and no further grounds of objection to the acceptance of the application shall be allowed to be taken by the Registrar, other than those stated by him, except by leave of the court. Where any further grounds of objection are taken the applicant shall be entitled to withdraw his application without payment of costs on giving notice in the prescribed manner.
(6)  The Registrar or the court, as the case may be, may at any time, whether before or after acceptance, correct any error in or in connection with the application, or may permit the applicant to amend his application upon such terms as the Registrar or the court may think fit.
(7)  An application for the registration of a trade mark in respect of any goods shall not be refused, nor shall permission for such registration be withheld, on the ground only that it appears that the applicant does not use or propose to use the trade mark —
(a)(а) if the Registrar is satisfied that a body corporate is about to be constituted and that the applicant intends to assign the trade mark to the corporation with a view to the use thereof in relation to those goods by the corporation; or
(b)if the application is accompanied by an application for the registration of a person as a registered user of the trade mark, and the Registrar is satisfied that the proprietor intends it to be used by that person in relation to those goods and the Registrar is also satisfied that that person will be registered as a registered user thereof immediately after registration of the trade mark.
(8)  The Registrar may, as a condition of the exercise of the power conferred by subsection (7) in favour of the applicant who relies on intention to assign to a corporation as aforesaid, require him to give security for the costs of any proceedings before him relative to any opposition, and in default of such security being duly given may treat the application as abandoned.
(9)  Where a trade mark is registered in respect of any goods under the power conferred by subsection (7) in the name of an applicant who relies on intention to assign to a corporation as aforesaid, then, unless within a period of 6 months the corporation has been registered as the proprietor of the trade mark in respect of those goods, the registration shall cease to have effect in respect thereof at the expiration of that period, and the Registrar shall amend the register accordingly.