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TRADE MARKS REGULATIONS, 1970 (L.I. 667)
reply in writing, and has stated that he does not wish to be heard, shall be
communicated to the applicant in writing.
(2) If the applicant objects to such decision he may within one month require the
Registrar to state in writing the grounds of, and the materials used by him in arriving
at, his decision.
(3) In a case where the Registrar makes any requirements to which the applicant
does not object, the applicant shall comply therewith before the Registrar issues
such statement in writing. The date when such statement is sent to the applicant
shall be deemed to be the date of the Registrar's decision for the purpose of appeal.
Regulation 10—Disclaimer.
The Registrar may call on an applicant to insert in his application such disclaimer as
the Registrar may think fit, in order that he public generally may understand what the
applicant's rights, if his trade mark is registered, will be.
Regulation 11—Defensive Trade Marks.
(1) An application to register a defensive trade mark under section 27 of the Act shall
be made, addressed and sent to the Registrar upon the prescribed form, and shall
be accompanied by a statement of case setting out full particulars of the facts on
which the applicant relies in support of his application, verified by a statutory
declaration made by the applicant or some other person approved for the purpose by
the Registrar.
(2) The applicant may send with the statutory declaration, or subsequently, such
other evidence as he may wish to give, whether after request made by the Registrar
or otherwise, and the Registrar shall consider the application.
(3) In all other respects, and where they are appropriate and it is not otherwise
stated, these Regulations shall apply to such applications as they apply to
applications to register ordinary trade marks.
Regulation 12—Certification Trade Marks.
(1) An application to register a certification trade mark under section 36 of the Act
shall be made to the Registrar upon the prescribed form, and shall be accompanied
by two duplicates of the application on copies of the said prescribed form and by four
additional representations of the trade mark.
(2) These Regulations shall apply to such application as they apply to applications to
resister ordinary trade marks, except that for reference therein to acceptance of an
application there shall be substituted references to authorisation to proceed with the
application, and that the applicant shall not be deemed to have abandoned his
application if in the circumstances of regulation 7 or 8 he does not apply for a
hearing or reply in writing.