46.
Before proceeding with such application, the Registrar shall direct that
the application be advertised once in the Patent Journal in order to enable
any person desiring so to do to object thereto. The provisions of section
21 and the regulations relating thereto shall mutatis mutandis apply.
47. Search
The Registrar, if requested so to do in writing upon form TM2, shall cause
a search to be made in any class to ascertain whether any marks are on
record at the date of such search which may conflict with any mark in
terms of section 10 sent to him by the person requesting such search and
may cause that person to be informed of the result of such search.
48. Caveat
(1) (a) Any person may apply to the Registrar by lodging Form TM2 for
notice to be given by the Registrar of any proceedings relating to the
publication of the acceptance of a trade mark application, the registration
of a trade mark or of any application for the making of any entry in the
register of trade marks which take place from the date of lodgement of
Form TM2 until the date of issue of the certificate of registration of
the trade mark.
(b) Any person may apply to the Registrar by lodging Form TM 2 for notice
to be given by the Registrar of any proceedings relating to a registered
trade mark or of any application for the making of an entry in the register
of trade mark in respect of a registered trade mark which take place within
12 months from the date of lodgement of Form TM2.
(2) As soon as may be practicable after any such procedures are taken
and in the case of an application for making an entry, before such entry
is made, the Registrar shall give notice of any such proceedings to such
person.
49. Inspection of documents
Subject to the provisions of section 48(7) of the repealed Act, all documents
filed with the Registrar pursuant to the Act, including all correspondence
and notifications to or from the Registrar shall, subject to payment of
the prescribed fees, be open to inspection by an interested person during
office hours. Any interested person may request the Registrar to furnish
copies of any such documents subject to the payment of the prescribed
fee.
22