| PROCEDURE ON RECEIPT OF AN APPLICATION FOR REGISTRATION OF A TRADE MARK |
27.—(1) Upon receipt of an application for the registration of a trade mark, the Registrar shall, for the appropriate purpose specified in paragraph (2) or (3), cause a search to be made amongst registered marks and pending applications; and the Registrar may cause the search to be renewed at any time before the acceptance of the application, but shall not be bound to do so.| (2) In the case of an application for the registration of a trade mark in respect of any goods, the appropriate purpose mentioned in paragraph (1) is that of ascertaining whether, for the same goods, for the same description of goods or for services or a description of services associated with the goods or goods of that description, there are on record any marks identical with the mark applied for or so nearly resembling it as to render the mark applied for likely to deceive or cause confusion. |
| (3) In the case of an application for the registration of a trade mark in respect of any services, the appropriate purpose mentioned in paragraph (1) is that of ascertaining whether, for the same services, for the same description of services or for goods or a description of goods associated with the services or services of that description, there are on record any marks identical with the mark applied for or so nearly resembling it as to render the mark applied for likely to deceive or cause confusion. |
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28.—(1) After such search, and consideration of the application, and of any evidence of use or of distinctiveness or any other matter which the applicant may furnish, or may be required to furnish, the Registrar may accept the application absolutely, or he may object to it, or he may express his willingness to accept it subject to such conditions, amendments, disclaimers, modifications or limitations as he may think right to impose.| (2) When the Registrar accepts the application, with or without conditions, disclaimers or limitations or after amendments or modifications have been effected, he shall issue Form T.M. 6. Unless within two months from the date thereof the applicant complies with the requirements therein and returns the Form duly checked and signed, he shall be deemed to have withdrawn his application. |
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| 29. If the Registrar objects to the application, he shall inform the applicant of his objections in writing, and unless within two months from the date of the Registrar’s letter the applicant applies for a hearing or makes a considered reply in writing to those objections, he shall be deemed to have withdrawn his application. |
| Registrar’s conditions, etc. |
30.—(1) If the Registrar is willing to accept the application subject to any conditions, amendments, disclaimers, modifications or limitations, he shall communicate his willingness to the applicant in writing.| (2) If the applicant objects to such conditions, amendments, disclaimers, modifications or limitations, he shall, within two months from the date of the communication, apply for a hearing or communicate his considered objections in writing, and if he does not do so, he shall be deemed to have withdrawn his application. [Subst. by S 335/92 wef 01/08/1992] |
| (3) If the applicant does not object to such conditions, amendments, disclaimers, modifications or limitations, he shall, within the stipulated time, notify the Registrar in writing and alter his application accordingly, and if he does not do so, he shall be deemed to have withdrawn his application. |
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| 31.—(1) The decision of the Registrar, at a hearing as in rule 29 or 30 or without a hearing if the applicant has duly communicated his considered objections or considered reply in writing, and has stated that he does not desire to be heard, shall be communicated to the applicant in writing or in such other manner as the Registrar thinks fit. [Subst. by S 335/92 wef 01/08/1992] | (2) If the applicant objects to the decision, he may, within one month from the date of the decision by filing Form T.M. 7, require the Registrar to state in writing the grounds of, and the materials used by him in arriving at, his decision. [S 335/92 wef 01/08/1992] |
| (3) In a case where the Registrar makes any requirements to which the applicant does not object, the applicant shall comply therewith before the Registrar issues his decision in writing. |
| (4) The date when the decision is sent to the applicant shall be deemed to be the date of the Registrar’ s decision for the purpose of appeal. |
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| 32. The Registrar may call on an applicant to insert in his application such disclaimer as the Registrar may think fit, in order that the public generally may understand what the applicant’s rights, if his mark is registered, will be. |
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