(2) The Registrar shall after receipt of the application for the
registration of the trade mark cause a search to be made amongst registered
marks and pending applications for the purpose of ascertaining whether
there are on record any marks for goods or services which may conflict
with the trade mark forming the subject of the application in terms of
section 10.
(3) If after such search and a consideration of the application the Registrar
considers that there is no objection to the mark being registered, he
shall accept it absolutely or subject to conditions, modifications or
amendments which he shall communicate to the applicant or his agent.
(4) If after such search and consideration of the application any objections
exist, a statement of those objections shall be sent to the applicant,
in writing, and unless within three months of the date of the statement
the applicant submits arguments, in writing, or applies for a hearing
or an extension of time, the application shall be deemed to have been
abandoned.
(5) If the Registrar accepts an application subject to any conditions,
modifications or amendments, and the applicant objects to such conditions,
modifications or amendments, he shall within three months from the date
of the notice of conditional acceptance submit arguments in writing or
apply for a hearing or for an extension of time. If he does not do so
the application shall be deemed to have been abandoned. If the applicant
does not object to such conditions, modifications or amendments, he shall
within three months so notify the Registrar, in writing, or apply for
an extension of time and, if he fails to do so, the application shall
be deemed to have been abandoned.
16. Application for registration of a trade mark to be used by body corporate
to be established
[Section 19]
An application in terms of section 19 of the Act, shall be supported by
an affidavit to the effect that a body corporate is about to be established
and that the applicant intends to assign the trade mark to that body corporate
with a view to its use by the body corporate in relation to the goods
or services in question.
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