fP/N/l/GHA/T/l
Page 14
(3) In the case of an application for registration of a trade
mark (other than a certification trade mark) in Part A of the register,
the Registrar may, if the applicant is willing, instead of refusing
the application, treat it as an application for registration in Part B
and deal with the application accordingly"
'
(4) In the case of a refusal or conditional acceptance, the
Registrar shall, if required by the applicant within the prescribed
time, state in writing the grounds of his decision and the materials
used by him in arriving thereat,
(5) An applicant desiring to appeal under section 43 of this
Act against a decision of the Registrar under this section must
apply to the Registrar under subsection, (4) of this section for the
statement in writing therein referred to and on the appeal the Court
shall, if required, hear the applicant and the Registrar, and shall
make an order determining whether, and subject to what amend...
merits, modifications, conditions or limitations, if any, the application is to be accepted,
(6) Except by leave of the Court no appeal against a decision
of the Registrar under this section shall be made save within a
period of two months from the date of dispatch to the applicant
of the statement in writing referred to in subsection (4) of this
section or within such further period not exceeding three months as
the Registrar may allow (upon request received before the expiration
of the said period of two months)..
J
(7) Appeals under section 48 of this Act against decisions of
the Registrar under this section shall be heard on the materials
stated under subsection (4) of this section by the Registrar, and no
further grounds of objection to the acceptance of the application
shall be allowed to be taken by the Registrar, other than those so
stated by him, except by leave of the Court"
(8) The Registrar or the Court (as the case may be) may at
any time, whether before or after acceptance, correct any error
in or in connection with the application, or may permit the applicant
to amend his application upon such terms as the Registrar or the
Court (as the case may be) may think fit"
Opposi..
tionto
registration,
18$ (1) When an application for registration of a trade mark
has been accepted, whether absolutely or subject to conditions or
limitations, the Registrar shall, as soon as may be after acceptance,
cause the application as accepted to be advertised in the prescribed
manner, and the advertisement shan set forth all conditions and
limitations subject to which the application has been accepted:
Provided that the Registrar may cause an application to be
advertised before acceptance in any case where it appears to him
that it is expedient by reason of any' exceptional circumstances
so to do, and where an application has been so advertised the
Registrar may, if he trunks fit, advertise it again when it has been
accepted but shall not be bound so to do .