IP/NII/NGA/T/2
Page 17
(2) In a case where the Registrar makes any requirement to
which the applicant does not object, the applicant shall
comply therewith before the Registrar issues such statement In
writing; and the date when such statement is sent ,to t~e
applicant shall be deemed to be the date of the Registrar s
decision for the purpose of appeal.
38. The Registrar may call on an applican t to insert in his
application such disclaimer as the Registrar may think fit in
order that the public generally may understand what the
applicant's right, if his trade mark is registered, will be.
Defensive Trade Marks
Application
under
section 32.
39 .. (I) An application for the registration of a defensive
trade mark under section 32 of the Act shall be made,
addressed and sent to the Registrar on Form 32 and shall be
accompanied by a statement of case setting forth full
particulars of the facts on which the applicant relies in support
of his application, verified by a statutory declaration made by
the applicant or some other person approved for the purpose
by the Registrar.
(2) The applicant may send with this declaration, or
subsequently, such other evidence as he may desire to furnish,
whether after request made by the Registrar or otherwise, and
the Registrar shall consider the whole of the evidence before
deciding on the application; and in all other respects, and
where they are appropriate and it is not otherwise stated, these
Regulations shall apply to such applications as they apply to
applications for the registration of ordinary trade marks.
Certification Trade Marks
Application
under
section 43.
Authorisation
to proceed.
40. An application for the registration of a certification
trade mark under section 43 of the Act shall be made to the
Registrar upon Form 5 and shall be accompanied by two
duplicates of the application or unstamped copies of Form 5
and by six additional representations of the mark on Form 3.
41. (1) These Regulations shall apply to such applications
as they apply to applications for the registration of ordinary
trade marks, except that for references therein to acceptance
of an application there shall be substituted references to
authorisation to proceed with the application, and that the
applicant shall not be deemed to have abandoned his
application if in the circumstances of regulation 35 or regulation 36 he does not apply for a hearing or reply in writing.
(2) The address of an applicant to register a certification
trade mark shall be deemed to be a trade or business address
for all the purposes for which such an address is required by
these Regulations.
Disclaimer.