54
public holidays.
Transitional
provisions and
savings.
CAP. 506
Trade Marks
[Rev. 2009
time being in force, for leaving any document with or paying any fee
to the Registrar falls on a Sunday or public holiday, the document may
be left or the fee may be paid on the day next following the Sunday or
public holiday.
67. The transitional provisions and savings set out in the Third
Schedule shall have effect with respect to the matters therein mentioned
respectively.
FIRST SCHEDULE
(s. 40)
Certification Trade Marks
1. (1) An application for the registration of a mark under section 40 shall
be made to the Registrar in writing in the prescribed manner by the person
proposed to be registered as the proprietor thereof.
(2) The provisions of subsection (2) and of subsections (4) to (7) of section
20 shall have effect in relation to an application under section 40 as they have
effect in relation to an application under subsection (1) of section 20.
(3) In dealing under the provisions of section 20 with an application under
section 40, the court or the Registrar shall have regard to the same considerations,
so far as relevant, as if the application were an application under section 20 and
to any other considerations relevant to applications under section 40, including
the desirability of securing that a certification trade mark shall comprise some
indication that it is such a trade mark.
(4) An applicant for the registration of a mark under section 40 shall
transmit to the Registrar draft regulations for governing the use thereof in
accordance with subsection (7) of that section.
(5) The Registrar shall consider the application with regard to the
following matters –
(a) whether the applicant is competent to certify the goods in respect
of which the mark is to be registered;
(b) whether the draft regulations are satisfactory; and
(c) whether in all the circumstances the registration applied for would
be to the public advantage;
and may either –
(i) refuse to accept the application; or
(ii) accept the application, and approve the regulations either without modification and unconditionally or subject to any conditions or limitations, or to any amendments or modifications of