(3)
Any decision of he Registrar under this section shall be subject to appeal to the court.
(4)
42.
Where leave as aforesaid is granted, the trade mark as altered shall be advertised in the Journal,
unless it has already been advertised, in the form to which it has been altered in an advertisement
under subsection (2) of this section.
(1)
(2)
The Minister may make such regulations and prescribe such forms as he thinks expedient, for
empowering the Registrar to amend the register, whether by making or striking out or varying entries
therein, so far as may be requisite for the purpose of adapting the designation therein of the goods or
classes of goods in respect of which trade marks are registered to any amended or substituted
classification that may be prescribed.
The Registrar shall not, in exercise of any power conferred on him for the purpose aforesaid,
make any amendment of he register that would have the effect of adding any goods or classes of
goods to those in respect of which a trade mark is registered (whether in one or more classes)
immediately before the amendment is to be made, or of antedating the registration of a trade mark in
respect of any goods:
Provided that this subsection shall not have effect in relation to goods as to which the Registrar is
satisfied that compliance with this subsection in relation thereto would involve undue complexity
and that the addition of antedating as the case may be, would not affect any substantial quantity of
goods and would not substantially prejudice the rights of any person.
(3)
A proposal for the amendment of the register for the purpose aforesaid(a)
shall be notified to the registered proprietor of the trade mark affected;
(b)
shall be subject to appeal by the registered proprietor to the court;
(c)
shall be advertised in the Journal with any modifications; and
(d)
(4)
may be opposed before the Registrar by any person concerned on the ground that the proposed
amendment contravenes he provisions of subsection (2) of this section.
The decision of the Registrar on any opposition under subjection (3) (d) of this section shall be
subject to appeal to the court.
(5)
Regulations under this section shall not have effect until published in the Federal Gazette.
Certification Trade Marks
43.
(1)
A mark adapted in relation to any goods to distinguish in the course of trade goods certified by
any person in respect of origin, material, method of manufacture, quality, accuracy or other
characteristic, from goods not so certified shall be registrable as a certification trade mark in Part A
or the register in respect of those goods in the name, as proprietor thereof, of that person:
Provided that a mark shall not be so registrable in the name of a person who carries on a trade in
goods of the kind certified.
(2)
(3)
In determining whether a mark is adapted to distinguish as aforesaid, the tribunal may have
regard to the extent to which(a)
the mark is inherently adapted to distinguish as aforesaid in relation to the goods in question;
and
(b)
by reason of the use of the mark or of any other circumstances, the mark is in fact adapted to
distinguish as aforesaid in relation to the goods in question.
Subject to the provisions of subsections (5) and (6) of this section, and of sections 7 and 8 of this
Act, the registration of a person as proprietor of a certification trade mark in respect of any goods