23
TRADE MARKS REGULATIONS, 1970 (L.I. 667)
as the case may be in relation to those goods, and shall apply separately in relation
to goods comprised within different classes of goods in Schedule 1.
(4) A notice of withdrawal of an application for registration of a trade mark given
under section 39 (3) of the Act for the purpose of obtaining repayment of any fee
paid on the filing of the application shall be given In writing within two months from
the date of the notice of the Registrar's objection.
Regulation 62—Appeals to the Minster.
(1) Before an appeal is made by any person to the Minister, in a case in which an
appeal is given by the Act, he shall apply to the Registrar for a hearing or state that
he does not wish to be heard and submit his case to the Registrar in writing. In either
event he shall obtain a decision in writing from the Registrar on the point raised, and
in the case of an application within regulations 5 to 9, a statement of grounds and
materials under regulation 9. Within one month of the date of the decision he shall, if
he wishes to appeal, leave with the Registrar written notice of his intention to appeal.
(2) The notice of intention to appeal shall be accompanied—
(a) where the appeal concerns an application within regulations 5 to 9, by two copies
of the form of application each containing a representation of the mark applied for
and two copies of the grounds of the Registrar's decision;
(b) in other cases by two copies of the, decision of the Registrar.
(3) The notice shall also be accompanied by a statement in writing of the appellants
grounds for appealing, and of his case in support of the appeal.
(4) The Minister may thereupon give such directions (if any) as he may think fit with
respect to parties and evidence, or otherwise for the purpose of the hearing of the
appeal to the Court to hear and determine it.
(5) Where the Minister intends to hear the appeal, seven day's notice or such shorter
notice as the Minster may in any particular case direct, of the time and place
appointed for the hearing, shall be given to the Registrar and to the appellant.
(6) No appeal shall be entertained of which notice has not been given within one
month from the date of the decision appealed against, or such further time as the
Registrar may allow, except by special leave of the Minster.
Regulation 63—Applications to and Orders of the Court.
(1) Every application to the Court under the Act shall be served on the Registrar.
(2) Where an order has been made by the Court in any case under the Act, the
person in whose favour the order is made, or one of them, if more than one, as the
Registrar may directs shall forthwith leave with tile Registrar an office copy of such