Rev. 2009]
Trade Marks
CAP. 506
the application or of the regulations, which he thinks requisite
having regard to any of the foregoing matters;
but, except in the case of a direction for acceptance and approval without
modification and unconditionally, the Registrar shall not decide the matter
without giving to the applicant an opportunity of being heard.
2. (1) When an application has been accepted, the Registrar shall, as soon
as may be after acceptance, cause the application as accepted to be advertised in
the prescribed manner, and the provisions of subsections (2) to (11) of section 21
shall have effect in relation to the registration of the mark as if the application
had been an application under section 20:
Provided that, in deciding under the provisions of section 21, the Registrar
shall have regard only to the considerations referred to in subparagraph (3) of
paragraph 1 of this Schedule, and a decision under those provisions in favour
of the applicant shall be conditional on the determination in his favour by the
Registrar under subparagraph (2) of this paragraph of any opposition relating
to any of the matters referred to in subparagraph (5) of paragraph 1.
(2) When notice of opposition is given relating to any of the matters
referred to in subparagraph (5) of paragraph 1 of this Schedule, the Registrar
shall, after hearing the parties, if so required, and considering any evidence,
decide whether, and subject to what conditions or limitations, or amendments
or modifications of the application or of the regulations, if any, registration is,
having regard to those matters, to be permitted.
3. (1) The regulations deposited in respect of a certification trade
mark may, on the application of the registered proprietor, be altered by the
Registrar.
(2) The Registrar may cause an application for his consent to be advertised
in any case where it appears to him that it is expedient so to do, and where the
Registrar causes an application to be advertised, if within the prescribed time
from the date of the advertisement any person gives notice to the Registrar of
opposition to the application, the Registrar shall not decide the matter without
giving the parties an opportunity of being heard.
4. (1) The court may, on the application in the prescribed manner of
any person aggrieved, or on the application of the Registrar, make such order
as it thinks fit for expunging or varying any entry in the register relating to
a certification trade mark, or for varying the deposited regulations, on the
ground –
(a) that the proprietor is no longer competent, in the case of any of the
goods in respect of which the trade mark is registered, to certify
those goods;
(b) that the proprietor has failed to observe a provision of the deposited
regulations to be observed on his part;
(c) that it is no longer to the public advantage that the trade mark
55