Rev. 2009]
Trade Marks
CAP. 506
objects to the decision he may within thirty days from the date of receipt of the
decision by applying in form TM 4, require the Registrar to state in writing the
grounds of, and the materials used by him in arriving at, his decision.
73
[Subsidiary]
(2) In a case where the Registrar makes any requirements to which
the applicant does not object, the applicant shall comply therewith before the
Registrar issues the statement in writing; and the date when the statement is
sent to the applicant shall be deemed to be the date of the Registrar’s decision
for the purpose of appeal.
35. The Registrar may call on an applicant to insert in his application Disclaimer.
such disclaimer as the Registrar may think fit, in order that the public generally
may understand what the applicant’s rights, if his mark is registered, will be.
Defensive Trade Marks
36. (1) An application to the Registrar for registration of a defensive Application under
trade mark under section 30 of the Act shall be in form TM 2 and shall be s.30 of the Act.
accompanied by a statement of case setting forth full particulars of the facts on L.N. 146/2003.
which the applicant relies in support of his application, verified by a statutory
declaration made by the applicant or some other person approved for the purpose
by the Registrar.
(2) The applicant may send with this declaration, or subsequently, such
other evidence as he may desire to furnish, whether after request made by the
Registrar or otherwise, and the Registrar shall consider the whole of the evidence
before deciding on the application.
(3) In all other respects, and where they are appropriate and it is not
otherwise stated, these Rules shall apply to such applications as they apply to
applications for the registration of ordinary trade marks.
Certification Trade Marks
37. An application to the Registrar for registration of a certification trade
mark under section 40 of the Act shall be in form TM 2.
Application under s.
40 of the Act.
L.N. 146/2003.
38. These Rules shall apply to applications under rule 37 as they apply to Authorization to
applications for the registration of ordinary trade marks, except that the applicant proceed.
shall not be deemed to have abandoned his application if in the circumstances
of rule 32 or rule 33 he does not apply for a hearing or reply in writing.
39. (1) The applicant shall send to the Registrar, with his application or Case, draft
when required by the Registrar, a case setting out the grounds on which he relies regulations.
in support of his application together with draft regulations for governing the L.N. 146/2003.
use of the mark, all in duplicate.
(2) The Registrar may communicate to the applicant any observations
he may have to make on the sufficiency of the case or the suitability of the draft
regulations and the applicant may modify either of those documents.