72
[Subsidiary]
Search.
L.N. 42/1995.
CAP. 506
Trade Marks
[Rev. 2009
Procedure on Receipt of Application for Registration of a Trade Mark
30. Upon receipt of an application for the registration of a trade mark in
respect of any goods or services, as the case may be, the Registrar shall cause
a search to be made amongst the registered marks and pending applications for
the purpose of ascertaining whether(a) in the case of an application relating to goods, there are on record
for the same goods or for the same description of goods or for
services or a description of services associated with the goods or
goods of that description; or
(b) in the case of application relating to services, there are on record
for the same services or for the same description of services or
for goods or a description of goods associated with the services
of that description;
any marks identical with the mark applied for, or which so nearly resemble it
as to render the mark applied for likely to deceive or cause confusion, and the
Registrar may cause the search to be renewed at any time before the acceptance
of the application, but shall not be bound to do so.
Registrar’s powers on
application.
31. After a search, and consideration of the application, and of any
evidence of use or of distinctiveness or of any other matter which the applicant
may or may be required to furnish, the Registrar may accept the application
absolutely, or he may object to it, or he may express his willingness to accept it
subject to such conditions, amendments, disclaimer, modifications or limitations
as he may think right to impose.
Objection by
Registrar.
L.N. 42/1995,
L.N. 146/2003.
32. If the Registrar objects to the application, he shall inform the applicant
of his objections in writing, and unless within ninety days the applicant applies
for a hearing or makes a considered reply in writing to those objections he shall
be deemed to have withdrawn his application.
Conditions by
Registrar.
L.N. 42/1995,
L.N. 146/2003.
33. (1) If the Registrar is willing to accept the application subject to
any conditions, amendments, disclaimer, modifications or limitations, he shall
communicate his willingness to the applicant in writing, and, if the applicant
objects to the conditions, amendments, disclaimer, modifications or limitations,
he shall within ninety days from the date of the communication apply for a
hearing or communicate his considered objections in writing, and if he does
not do so he shall be deemed to have withdrawn his application.
(2) If the applicant does not object to the conditions, amendments,
disclaimer, modifications or limitations, he shall within thirty days from the
date of receipt of the Registrar’s communication notify the Registrar in writing,
and alter his application accordingly.
Decision of Registrar.
L.N. 42/1995,
L.N. 146/2003.
34. (1) The decision of the Registrar, at a hearing under rule 32 or rule
33, or without a hearing if the applicant has duly communicated his considered
objections or considered reply, in writing, and has stated that he does not desire to
be heard, shall be communicated to the applicant in writing, and if the applicant