37.—(1) An application for the registration of a trade mark required or permitted to be advertised by section 18 or 68 of the Act shall be advertised in the Gazette during such times and in such manner as the Registrar may direct.
(2) In the case of an application with which the Registrar proceeds only after the applicant has lodged the written consent to the proposed registration of the registered proprietor or the applicant for the registration of another trade mark, the words “By Consent” and the number of the other mark shall appear in the advertisement.
(3) If no representation of the trade mark is included in the advertisement of the application, the Registrar shall refer in such advertisement to the place or places where a specimen or representation of the trade mark is deposited for exhibition.
Photographs or artworks
38.—(1) For the purposes of such advertisement, the applicant may, at the appropriate time, supply or be required to supply 3 copies of the photographs or artworks (in black and white) of the trade mark agreeing in all respects with the representation then appearing on the application form and shall be of such dimensions as may from time to time be approved or directed by the Registrar, or shall supply such information or other means of advertising the trade mark as may be required by the Registrar.
(2) The Registrar, if dissatisfied with the photographs or artworks supplied by the applicant or his agent, may require fresh copies to be supplied before proceeding with the advertisement.
(3) In the case of an application for a colour mark, the applicant shall supply, in addition to the aforesaid, 10 copies of the photographs or artworks in colour.
Advertisement of series of trade marks
39.—(1) When an application relates to a series of trade marks differing from one another in respect of the particulars mentioned in section 28 of the Act, the applicant may be required to furnish the photographs or artworks in accordance with rule 38 of any or of each of the trade marks constituting the series.
(2) The Registrar may, if he thinks fit, insert with the advertisement of the application a statement of the manner in respect of which the several trade marks differ from one another.
Advertisements under sections 19 and 38
40. Advertisements under sections 19 (9) and 38(2) and (4) of the Act shall be made in the same manner, with such modifications as may be required to suit the circumstances, as advertisements relating to an application for registration.