Trade Marks
[CAP. 401
19
(5) In the case of a refusal or conditional acceptance, the Registrar
shall, if required by the applicant, state in writing the grounds of his
decision and the materials used by him in arriving thereat, and the
decision of the Registrar shall be subject to appeal.
(6) An appeal under this section shall be heard in accordance with
the provisions of Part XI.
(7) Appeals under this section shall be heard on the materials
stated as aforesaid by the Registrar, and no further grounds of objec
tion to the acceptance of the application shall be allowed to be taken
by the Registrar, other than those so stated as aforesaid by him,
except by leave of the High Court. Where any further grounds of
objection are taken, the applicant shall be entitled to withdraw his
application without payment of costs on giving notice as prescribed.
(8) The Registrar, or the High Court in the event of an appeal from
a decision of the Registrar, may at any time, whether before or after
acceptance, correct any error in or in connection with the application
or may permit the applicant to amend his application upon such
terms as the Registrar or the High Court may think right.
(As amended by S.l. No. 175 of 1965
and Act No. 17 of 1980)
23. (l) When an application for registration of a trade mark has
been accepted, whether absolutely or subject to conditions or limita
tions, the applicant shall, as soon as may be after acceptance, adver
tise the application as accepted in the prescribed manner, and the
advertisement shall set forth all conditions and limitations subject to
which the application has been accepted:
Provided that the Registrar may direct that an application shall be
advertised before acceptance if it is made under paragraph (e) of sub
section (l) of section fourteen, or in any other case where it appears
to him that it is expedient by reason of any exceptional circum
stances so to do, and where an application has been so advertised, the
Registrar may, if he thinks fit, direct that it shall be advertised again
when it has been accepted, but shall not be bound so to do.
(2) Any person may, within the prescribed time from the date of
the advertisement of an application, give notice to the Registrar of
opposition to the registration.
(3) The notice shall be given in writing in the prescribed manner
and shall include a statement of the grounds of opposition.
(4) The Registrar shall send a copy of the notice to the applicant
and, within the prescribed time after receipt thereof, the applicant
shall send to the Registrar, in the prescribed manner, a counter-state
ment of the grounds on which he relies for his application, and if he
does not do so, he shall be deemed to have abandoned his application.
Opposition to
registration
and appeals