Registrar shall be subject to appeal.
(5) An appeal under this section shall be made in the prescribed manner and on the
appeal the Tribunal shall, if required, hear the applicant and the Registrar and shall
otherwise deal with such appeal in accordance with Part XII.
(6) An appeal under this section shall be heard on the materials stated by the Registrar
in terms of subsection (5) and no further grounds of objection to the acceptance of the
application shall be allowed to be taken by the Registrar, other than those so stated by
him, except by leave of the Tribunal, and 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.
(7) The Registrar may, at any time before or after acceptance—
(a)
correct any error in or in connection with the application; or
(b)
permit the applicant to amend his application upon such terms as the
Registrar may think fit:
Provided that the Registrar shall not permit an amendment which
substantially affects the identity of the trade mark.
(8) Where the Tribunal is considering an appeal from a decision of the Registrar in
terms of subsection (4), the Tribunal may permit the applicant to amend his
application in terms of subsection (7) without the application for such amendment
being made to the Registrar, but in such case the views of the Registrar on the
amendment shall be obtained.
22
Opposition to registration and appeals
(1) When an application for registration of a trade mark has been accepted, whether
absolutely or subject to amendments, modifications, conditions or limitations, the
applicant shall, as soon as may be after acceptance, advertise in the prescribed
manner the application as accepted 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—
(a)
if it is made under paragraph (e) of subsection (1) of section twelve; or
(b)
in any other case where it appears to the Registrar that it is expedient
by reason of any exceptional circumstances 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.
(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, which
notice shall—
(a)
be given in writing in the prescribed manner; and
(b)
include a statement of the grounds of opposition.
(3) The Registrar shall send a copy of any notice in terms of subsection (2) to the
applicant and, within the prescribed time after receipt thereof, the applicant shall send
to the Registrar in the prescribed manner a counter-statement 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.
(4) If the applicant sends a counter-statement in terms of subsection (3), the Registrar
shall—
(a)
furnish a copy thereof to the persons giving notice of opposition; and
(b)
after hearing the parties, if so required, and considering the evidence,
decide whether, and subject to what amendments, modifications, conditions or
limitations, if any, registration is to be permitted.
(5) An appeal shall lie from any decision of the Registrar under this section, other
than a decision in terms of paragraph (a) of subsection (10).
(6) An appeal under this section shall be made in the prescribed form and manner and
on the appeal the Tribunal shall—
(a)
if required, hear the parties and the Registrar; and