IP/N/IIKENffll
Page 59
[Subsidiary]
40. If the Registrar decides to accept the application the regula"
tions for governing the use of the mark approved by the Registrar, as
well as the form of application, shall be open to -public inspection. '
41. I f the Registrar decides to refuse to accept the regulations or
to accept the regulations subject to conditions, limitations, amendments
or modifications, he shall inform the ~pplicant of his objections in
writing and shall, if required, hear the applicant.
A dvertisement of A pplication
42. (1) 'An application for the registration of a trade mark required
or permitted to be advertised by subsection (1) of section 21-of, or
subparagraph (l) of paragraph 2 of the First Schedule to, the Act
shall be advertised in 'the Gazette during such times and in such
manner as the Registrar may direct.
(lA) Where an application for the registration of a trade mark
which has ·been advertised under paragraph (1) is subsequently with
dra-wn by -the applicant, that .withdrawal shall be advertised in the
Gazette during such times and in such manner as the Registrar may
.direct.
(2) In the case of an application with which the Registrar proceeds
only after the applicant has lodged the written consent to the proposed
registration of the registered proprietor of another trade mark or
another applicant, the words "By "Consent" shall appear in the
ad vertisemen 1.
(3) If no representation of the trade mark is included in the
advertisemen t of the application, the Registrar shall refer in the
advertisement to the place or places where a specimen or representa
tion of the trade mark is deposited for exhibition.
43. For the purposes of an advertisement the applicant may at
the appropriate time supply or berequired to supply a printing block
(or more than one, if necessary) of the trade mark satisfactory to the
Registrar, of such dimensions as may Irorn time to time be approved
or directed by the Registrar. or shall supply such information or
other means of advertising the trade mark as JTIay be required by the
Registrar: and the Registrar, if dissatisfied with the printing block
supplied by the applicant or his agent, may require a fresh block
before proceeding with the advertisement,
Regulations and
application to
he open 'to
inspection.
Registrar's
refusal.
Advertisement
of application.
Printing block.
44. When an application relates to a series of trade marks differing
from one another in respect of the particulars mentioned in subsection
(2) of section 24 of the AC't, the applicant may be required to
supply a printing block (or more than one. if necessary) satisfactory
to the Registrar of any or of each of the trade marks constituting the
series: or the Registrar may, if he thinks fit, insert with the 'advertise
ment of the application a statement of the manner in which the several
trade marks differ from one another.
Advertisemen t
of series.
45. Advertisements under subsection (I 0) of section 2'1 and sub
sections (2) and (4) of section 38 of the Act shall mutatis mutandis
Advertisements
under section 2 J
(10) and section
be ~ade in the same manner as advertisements relating to an appli
cation for registration.
45A. The expenses,' costs and charges incurred by or on behalf
of the Registrar in effecting any advertisement in connexion with
applica tions shall be repaid to the Registrar by the applicant concerned.
and the Registrar may refuse to complete any registration until he
has received such repayment.
38 (2) and (4),
Reimbursement
for
advertisernen ts. '
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