IPINI1 /GHA/T/1
Page 42
(4): Every Order made under section ,68 of the Trade Marks
Ordinance (Cap. 180) and in force immediately before the com...
mencement of this Act shan continue in force as if it were a legislative instrument made under section 61 of this
Act.-.
.
(5) Unless the President, by legislative instrument otherwise
directs, section 61 of this Act shall apply to any country to which
section 62, or .67 of the Trade Marks Ordinance (Cap. 180) or
section 4 of the Trade Marks (Amendment) Ordinance (Cap.. 181)
applied, immediately before the commencement of this Act .
,
(6) Any document referring to any enactment repealed by
this section shall be construed as" referring to the corresponding
provision of this Act". .
,
~
"
.
.
.
, 69. This Act shall come into force 'on such date as the President Commencemay by legislative Instrument appoint, '
'
ment,
'FIRST 'SCHEDULE
CERTIFICATION TRAl?,E MARKS
,
.
fa (1) An application ·for the registration of 'a mark under
section, 36 of this Act must be made to the Registrar .in writing
in the prescribed manner by the person proposed to be registered
as the proprietor thereof
,
.
(2) The provisions of subsection (2) and of subsections (4) to
(8) of section .17 of this Act shall have 'effect' in relation. to an
application under the said section 3~ as they, have effect
relation
to an application under subsection ,(I) of the said section 17, except
'that for" references therein" to acceptance ·of. an application, there
shall be substituted references to authorisation .to_.pro~ed with the
application.
(3) IJ;l dealing under- the said. provisions with ,an application
'under the 'said :section: 36, the Court or the Registrar (as the .cas~
~may be) shall have .regardto "t~e like considerations SQ far.as relevant.
in
.....
~
as if the application 'were 'an application under the' said section 11
of this Act and to' any other considerations (not being matters
within the competence of the Minister under sub-paragraph (5)
of this paragraph) relevant to applications under the said section. 36,
including the- desirability of securing that a certification trade mark
shall comprise some indication that it is such ,3, trademark.
(4) An applicant for the registration of a mark' under the
said section 36 must transmit to' the Registrar draft rules' for
governing the use thereof at such time before the decision of the
Registrar on the application as he may require in order' to enable
him to consider the draft, and the Registrar shall report thereon
to the Minister..,
(5) When authorisation to proceed with an application has
been given, the Minister shall consider the application with regard
to the following matters, that is to say:-