court and should not exercise original jurisdiction in trademark registration disputes. Jurisdiction
is statutory. Section 12 requires an objection to be heard before the registrar and for an aggrieved
party to appeal to the High Court and it provides that:
“12. Objection to registration.
(1) A person may, within the prescribed time from the date of publication of an
application, give notice to the registrar of objection to the registration.
(2) The notice shall be given in writing in the prescribed manner and shall include a
statement of the grounds of objection.
(3) The registrar shall send a copy of the notice to the Applicant and within the prescribed
time after receipt, the Applicant shall send to the registrar, in the prescribed manner, a
counter statement of the grounds on which he or she relies for his or her application and
if he or she does not do so, he or she shall be taken to have abandoned his or her
application.
(4) If the Applicant sends a counter-statement, the registrar shall furnish a copy of the
counter statement to the person giving notice of objection and shall, after hearing the
parties, if so required and considering the evidence, decide whether and subject to what
conditions or limitations registration is to be permitted.
(5) A person aggrieved by the decision of the registrar may appeal to court.
(6) An appeal under this section shall be made in the prescribed form.
(7) On appeal the court shall, if required, hear the parties and the registrar and shall make
an order determining whether and subject to what conditions or limitations registration is
to be permitted.
(8) On hearing of an appeal under this section any party, may, either in the manner
prescribed or by special leave of the court, bring forward further material for the
consideration of the court.
(9) On an appeal under this section no further grounds of objection to the registration of a
trademark shall be allowed to be taken by the person objecting or the registrar, other than
those stated by the person objecting, except by leave of the court.
(10) Where any further grounds of objection are taken, the Applicant is entitled to
withdraw his or her application without payment of the costs of the person objecting on
giving notice as prescribed.
Decision of Hon. Mr. Justice Christopher Madrama
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