IP/Nil /GHA/T/1
Page 43
(0). whether the applicant is competent to certify the goods
in respect of which themark is to be registered;
(b) whether the- draft rules are satisfactory; and,
(e) whether in all the circumstances the registration
applied for would be to the public advantage;
and may either->
(i) direct that the application shall not be accepted; or
'(if) direct the Registrar to accept the application, and
approve the rules, either without modification and
unconditionally- .or subject to any conditions or
limitations, -or to. any amendments or modifications
of the application or of the rules, which he thinks
requisite having, regard to any of. the said matters;
but, except in the case of a direction for acceptance and approval
without modification and unconditionally, the Minister shall not
decide the matter without giving to the applicant an opportunity
of being heard:
Provided that the Minister may, at the request of the applicant
made with the concurrence of the Registrar, consider the application
with regard to any, of the' said matters before authorisation to
proceed with the- application pas been given, so however that the
.Minister shall be at liberty to reconsider any matter on which
he has given a decision under this proviso if any amendment or
modification is thereafter made in the application or in the draft
rules..
2.. .(1) Wh'en an application has' been accepted, the Registrar
shall, as soon- as may be after the acceptance, cause the application
as accepted to be advertised in. the, prescribed manner, and the
provisions of subsections -(2) to (13) of section 18 of thisAct shall
have effect in relation to the registration of the mark as if theapplication had been an application under- section 17 of this Act:
Provided that, in 'deciding under the said provisions" the Court
or the Registrar (as the case may be) shall have regard only to
the considerations referred to in sub-paragraph (3) of paragrahp 1
of this- Schedule, and a decision under the said provisions in favour
of the applicant shall be conditional on the determination in his
favour by the Minister under sub-paragraph (2) of this paragraph
of any opposition relating to any of the matters referred to in
sub...paragraph (5) of the said paragraph 1..
,
(2) When notice of opposition is given relating to any of the
matters referred to in sub-paragraph, ($) of paragraph 1 of this
Schedule, the Minister shall, after hearing the parties, if so required,
and considering any evidence, decide whether, and subject to what
conditions or limitations, or amendments or modifications of the
application or of the rules, if any, registration is, having regard
to those matters, to be permitted..