70
[Subsidiary]
CAP. 506
Trade Marks
[Rev. 2009
(2) A notice of withdrawal of an application for the registration of a
trade mark given under subsection (3) of section 43 of the Act for the purpose
of obtaining repayment of any fee paid on the filing of the application shall be
given in writing within two months from the date of the notice of the Registrar’s
objection.
Application for Registration of a Trade Mark
Form of application.
L.N. 42/1995,
L.N. 146/2003.
21. (1) An application to the Registrar for registration of a trade mark
shall be in form TM 2 and shall be signed by the applicant or his agent.
(2) Every application claiming priority under section 65 of the Act shall
state the date of the application in the United Kingdom or foreign state, and the
applicant shall furnish a certificate by the Registrar or other registering authority
of that country, or shall otherwise verify the application made or deemed to
have been made therein to the satisfaction of the Registrar.
(3) In the case of an application for registration in respect of all the
goods or services included in a class, or of a large variety of goods or services,
the Registrar may refuse to accept the application unless he is satisfied that the
specification is justified by the use of the mark which the applicant has made,
or intends to make if it is registered.
(4) An application for registration of a trade mark that is three
dimensional shall include a statement to that effect.
(5) An application for registration of a trade mark of which colour is
claimed as an element shall include a statement to that effect.
(6) An application for registration of a trade mark that includes a word
without regard to its graphical form shall include a statement to that effect.
(7) The specification of an application for registration of a trade mark
for goods or services in more than one class, shall set out the classes in the
same order as they appear in the classification referred to in section 6 (2) of
the Act.
Representation of
mark.
22. (1) Every application for the registration of a trade mark shall contain
a representation of the mark in the space provided on the application form for
that purpose.
(2) Where the representation exceeds the space in size, the representation
shall be mounted upon linen, tracing cloth or such other material as the Registrar
may consider suitable; part of the mounting shall be affixed in the space and
the rest may be folded.
23. (Deleted by L.N. 146/2003, s.7).
24. (Deleted by L.N. 146/2003, s.7).
Separate applications.
25. Applications for the registration of the same mark in different classes