(3) The registrar may communicate to the applicant any observation
the registrar 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.
(4) If the registrar decides to accept the application, the regulations
for governing the use of the mark approved by the registrar, as well as
the form of application, shall be open to public inspection.
(5) If the registrar decides to refuse to accept the regulations or to
accept the regulations subject to conditions, limitations, amendments or
modifications, the registrar shall inform the applicant of his or her
objections in writing and shall, if required, hear the applicant.
(6) A person may, within sixty days from the date of any
publication in the Gazette of an application for the registration of a
certification mark, give notice to the registrar in Form TM 36 of
opposition under section 12 of the Act, and regulations 29 to 39 shall
apply with the necessary modifications in the proceedings on it with the
substitution of Form TM 37 for Form TM 7 and Form TM 38 for Form
TM 8 and in the case of doubt a party may apply to the registrar for
directions.
(7) These Regulations shall apply to applications for registration of
certification marks as they apply to applications for the registration of
trademarks, except that the applicant shall not be deemed to have
abandoned his or her application if in the circumstances of regulation 23
(2) and (3), the applicant does not apply for a hearing or reply in writing.
Entry in the register
43. Entry in register.
(1) As soon as possible after the expiration of sixty days from the
date of the advertisement in the Gazette of any application for the
registration of a trademark, the registrar shall, subject to any opposition
and the determination of the opposition, and subject to section 16(1) and
(2) of the Act, and upon payment of the prescribed fee, enter the
trademark in the register.
2009