(2) Where the Controller is satisfied that the conditions referred to in subsection (1) have been fulfilled, he shall forthwith accept the application and cause it to be published in the prescribed 'manner. (3) Any person may, within the prescribed period and in the prescribed manner, lodge with the Controller an opposition to the registration of the mark. (4) Any opposition lodged under subsection (3) shall be by way of notice and shall state the grounds of opposition. (5) The applicant may, within the prescribed period and in the prescribed manner, send a copy of any counter-statement to the opposition together with the grounds on which he relies for his application to the Controller and the opponent. (6) Where the applicant does not send a counter-statement under subsection (5), he shall be deemed to have abandoned the application. (7) Where the applicant sends a counter-statement under subsection (5), the Controller shall, after hearing the parties if so required, decide whether the mark should be registered. (8) After an application is published and until the registration of the mark, the applicant has the same privileges and rights as he would have where the mark had been registered. (9) 39. Notwithstanding subsection (8), it shall be a valid defence to an action brought under the subsection in respect of an act done after the application was published, where the defendant establishes that the mark could not validly have been registered at the time the act was done. Registration of a mark Where the Controller finds that the conditions referred to in section 38(1) are fulfilled, and either (a) the registration of the mark has not been opposed within the prescribed time limit; or (b) the registration of the mark has been opposed and the opposition has been decided in the applicant's favour, he shall register the mark, publish a reference to the registration and issue to the applicant a certificate of registration. 40. Rights conferred by registration (1) Any interested person, other than the registered owner, who intends to use a registered mark, in relation to any goods or services for which it has been registered, shall require the agreement of the owner. (2) Any registered owner of a mark shall, in addition to any other rights, remedies or actions available to him, have the right to institute court proceedings against any person who infringes the mark by using, without his agreement, the mark as aforesaid or who performs any act likely to cause an infringement.