8
Advertisement
of an
application
Trademarks
No. 2
(i) the use of that mark in relation to those goods or services
would indicate a connection between those goods or services
and the owner of the well known mark; and
(ii) the interests of the owner of the well known mark are
likely to be prejudiced by such use.
9.__(1) Where the Registrar accepts an application for
registration of a trademark whether absolutely or subject to
conditions or limitations, the Registrar shall, as soon as possible,
after payment of the prescribed fee, advertise the application in the
prescribed manner.
(2) The advertisement referred to in subsection (1) shall specify
all conditions or limitations subject to which the application is
accepted.
(3) The Registrar may direct that an application be advertised
before acceptance where it appears to him that it is expedient to do
so due to an exceptional circumstance, and where this is to be done,
the Registrar may, if he considers appropriate, direct that the
application be advertised again after it is accepted.
Opposition to
an application
The Advertisement shall be made by notice in the Gazette journal
end in one newspaper of under circulation
10.__(1)Any person may, within thirty days from the date of the
advertisement of an application pursuant section 9, give notice to
the Registrar of the person’s opposition to the registration of the
trademark.
(2) The notice of opposition shall be issued in the prescribed form
and shall include a statement of the grounds of opposition.
(3) The Registrar shall send a copy of the notice of opposition to
the applicant and the applicant shall, within thirty days after receipt
thereof, send to the Registrar, in the prescribed manner and time, a
counter-statement stating the grounds on which he relies for his
application.
(4) Where the applicant, without good reason, fails to send the
counter-statement to the Registrar within the prescribed time, the
applicant shall be deemed to have abandoned the application.
(5) If the applicant sends a counter-statement, the Registrar shall
furnish a copy thereof to the person who gave notice of the
opposition.
(6) The Registrar shall call for a hearing of the parties to consider
the evidence for and against registration of a mark as a trademark
and decide whether, and subject to what conditions or limitations, if
any, registration of the mark will be permitted.