IP/N/l/NGA/T/2
Page 16
Procedure on Receipt of Application for
Registration of a Trade Mark
Search.
33. Upon receipt of an application for the registration of a
trade mark in respect of any goods the Registrar shall cause
a search to be made, amongst the registered marks and
pending applications, for the purpose of ascertaining whether
there are on record in respect of the same goods or description
of goods any marks identical with the mark applied for or so
nearly resembling it as to render the mark applied for likely
to deceive or cause confusion and the Registrar may cause the
search to be renewed at anytime before the acceptance of the
application, but shall not be bound to do so.
Acceptance.
absolute or
conditional:
objection.
34. After such search, and consideration of the application
and of any evidence of use or distinctiveness or of any other
matter which the applicant mayor may be required to furnish,
the Registrar may accept the application absolutely, or he may
object to it, or he may express his willingness to accept it
subject to such conditions, amendments, disclaimer, modifications or limitations as he may think right to impose.
35. If the Registrar objects to the application, he shall
inform the applicant of his objections in writing, and unless
within two months the applicant applies for a hearing or
makes a considered reply in writing to those objections he
shall be deemed to have withdrawn his application.
Registrar's
objections
etc. and
hearing.
36. If the Registrar is willing to accept the application
subject to any conditions, amendments, disclaimer, modifications, or limitations, he shall communicate such willingness
to the applicant in writing, and if the applicant objects to such
conditions, amendments, disclaimer, modifications or limitations, he shall within one month from the date of the
communication apply for a hearing or communicate his
considered objections in writing, and if he does not do so he
shall be deemed to have withdrawn his application; and if the
applicant does not object to such conditions, amendments,
disclaimer, modifications or limitations, he shall forthwith
notify the Registrar in writing, and alter his application
accordingly.
Registrar's
conditions
etc. and
hearing.
37. (1) The decision of the Registrar at a hearing as in
regulation 35 or regulation 36 of these Regulations, or
without a hearing if the applicant has duly communicated his
considered objections or considered reply, in writing, and has
stated that he does not desire to be heard, shall be
communicated to the applicant in writing, and if the applicant
objects to such decision he may within one month by applying
upon Form 4 require the Registrar to state in writing the
grounds of, and the materials used by him in arriving at, his
decision.
Dt?1.:~sion of
Registrar.