The Laws of Zambia
(b)
call upon any person affected or likely to be affected by the grant of the
application to lodge in writing with the Board any objection thereto within
three months of the date of the publication of such notice in the Gazette.
8. (1) After considering any objections lodged in terms of section seven, and
subject to the provisions of subsection (2), the Board shall grant or refuse any application.
Grant or refusal of
application
(2) The Board may refuse an application-
(a)
if the name, uniform or badge so closely resembles a name, uniform or
badge registered in terms of this Act as might lead to the belief that the
name, uniform or badge which is the subject of the application is the name,
uniform or badge so registered;
(b)
if the uniform is not distinctive in design and colour;
(c)
if the uniform or badge incorporates in whole or in part any design which
has been and remains registered under the provisions of any written law
relating to the registration of trade marks unless the owner of such
registered design has consented in writing to the registration thereof; or
(d)
if for any other good and sufficient reason it considers the application
should be refused.
(3) Any person who is aggrieved by a decision of the Board to grant or refuse any
application may, within thirty days of such decision, appeal against that decision to the
Minister. On such appeal the Minister shall confirm the decision of the Board or shall give
such decision as in his opinion the Board ought to have given, and the decision of the
Minister shall for the purposes of this Act be deemed to be the decision of the Board.
(4) If the application is granted the Board shall, upon payment of the prescribed
fees, cause to be entered in the register-
(a)
the name and address of the applicant association or institution;
(b)
any special name or designation referred to in paragraph (b) of section five;
(c)
an exact and precise description of the uniform or badge and a pictorial
representation thereof.
9.
The Board shall cause a notice to be published in the Gazette of every
registration made under subsection (4) of section eight and of every amendment or
cancellation of any such registration.
Copyright Ministry of Legal Affairs, Government of the Republic of Zambia
Publication of
registration