IPIN/11GB A/Til
Page 16
(10) On an appeal under section 48 of this Act against a
decision of the Registrar 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 stated
under subsection (3) of this section by the opponent, except by leave
of the Court
(11) Where any further grounds of objection are taken under
subsection (10) the applicant is entitled to withdraw his application
without payment of the costs of the opponent on giving notice as
prescribed"
(12) On an appeal under section 48 of this Act against a
decision of the Registrar 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, but in any such case the trade mark as so
modified shall be advertised in the prescribed manner before being
registered"
(13) If a person giving notice of opposition or an applicant
sendina a counter-statement after receipt of a conv of such notice,
or an appellant, neither resides nor carries on business in Ghana,
the Court (in the case of an appeal) or the Registrar (in any other
case) may require him to give security for costs of the proceedings
and, in default of such security being duly given, may treat the
opposition or application, or the appeal, as the case may be, as
abandoned.
Registration.
19.. (1) When an application for registration of a trade mark in
Part r\. or in Part B of the register has been accepted, and either(a) the application has not been opposed and the time for
notice of opposition has expired, or
(b) the application has been opposed and the opposition
has been decided in favour of the applicant,
the Registrar shall, unless the application has been accepted in
error, register the trade mark in Part A or Part B, as the case may be,
and the trade mark, when registered, shall be registered as of the
date of the application for registration, and that date shall be deemed
for the purposes of this Act to be the date of registration.
(2) On the registration of a trade mark the Registrar shall
issue to the applicant a certificate in the prescribed form of the
registration thereof sealed with the official seal of the Registrar,
(3) Where registration of a trade mark is not completed within
twelve months from the date of the application by reason of default
on the part of the applicant, the Registrar may, after giving notice
of the non-completion to the applicant in writing in the prescribed
manner, treat the application as abandoned unless it is completed
within the time specified in that behalf in the notice.