22
CAP. 506
Trade Marks
[Rev. 2009
to do, and where an application has been so advertised the Registrar
may advertise it again when it has been accepted but shall not be bound
so to do.
(2) Any person may, within the prescribed time from the date
of the advertisement of an application, give notice to the Registrar of
opposition to the registration.
(3) The notice shall be given in writing in the prescribed manner,
and shall include a statement of the grounds of opposition.
(4) The Registrar shall send a copy of the notice to the applicant,
and within the prescribed time after receipt thereof the applicant shall
send to the Registrar, in the prescribed manner, a counter-statement of
the grounds on which he relies for his application, and, if he does not
do so, he shall be deemed to have abandoned his application.
(5) If the applicant sends a counter-statement, the Registrar
shall furnish a copy thereof to the person giving notice of opposition,
and shall, after hearing the parties, if so required, and considering the
evidence, decide whether, and subject to what conditions or limitations,
if any, registration is to be permitted.
(6) The decision of the Registrar shall be subject to appeal to
the court.
(7) An appeal under this section shall be made in the prescribed
manner, and on the 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, if any, registration is to be
permitted.
(8) On the 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 trade mark shall be allowed to be taken by the
opponent or the Registrar, other than those so stated by the opponent,
except by leave of the court; and, where any further grounds of objection
are taken, the applicant shall be entitled to withdraw his application
without payment of the costs of the opponent on giving notice as
prescribed.
(10) On an appeal under this section the court may, after hearing
the Registrar, permit the trade mark proposed to be registered to be
modified in any manner not substantially affecting the identity thereof,