Act 17
Trademarks Act
2010
(3) Where an application has been published, the registrar may,
if he or she thinks fit, publish it again when it has been accepted but
is not obliged to do so.
12. Objection to registration.
(1) A person may, within the prescribed time from the date of
publication of an application, give notice to the registrar of objection
to the registration.
(2) The notice shall be given in writing in the prescribed manner
and shall include a statement of the grounds of objection.
(3) The registrar shall send a copy of the notice to the applicant
and within the prescribed time after receipt, the applicant shall send
to the registrar, in the prescribed manner, a counter statement of the
grounds on which he or she relies for his or her application and if he
or she does not do so, he or she shall be taken to have abandoned his
or her application.
(4) If the applicant sends a counter-statement, the registrar shall
furnish a copy of the counter statement to the person giving notice of
objection and shall, after hearing the parties, if so required and
considering the evidence, decide whether and subject to what
conditions or limitations registration is to be permitted.
(5) A person aggrieved by the decision of the registrar may
appeal to court.
(6) An appeal under this section shall be made in the prescribed
form.
(7) On appeal the court shall, if required, hear the parties and the
registrar and shall make an order determining whether and subject to
what conditions or limitations registration is to be permitted.
(8) On hearing of an appeal under this section any party, may,
either in the manner prescribed or by special leave of the court, bring
forward further material for the consideration of the court.
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