Act 17
Trademarks Act
2010
(4) The registrar shall consider the application with regard to the
following matters—
(a) whether the applicant is competent to certify the goods or
services in respect of which the mark is to be registered;
(b) whether the draft rules are satisfactory; and
(c) whether in all the circumstances the registration applied for
would be to the public advantage; and may either—
(i) refuse to accept the application; or
(ii) accept the application and approve the regulations,
without modification or subject to conditions or
limitations or to any amendments or modifications of
the application or of the rules, which he or she may
think necessary having regard to the matters in this
subsection.
(5) Except where the registrar accepts and approves the
application without modifications and conditions, he or she shall not
decide the matter without giving the applicant an opportunity to be
heard.
(6) Sections 7(2) and (4) to (7) shall have effect in relation to an
application under this section as they have effect in relation to an
application under section 7(1).
(7) In dealing with an application under this section the court
shall have regard to similar considerations, so far as relevant, as if the
application were an application under section 7 and to any other
considerations relevant to applications under this section, including
the desirability of securing that a certification mark comprises some
indication that it is a certification mark.
(8) A person aggrieved by the decision of the registrar under this
section may appeal to court.
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