Act 17
Trademarks Act
2010
3. Copies and extracts from the register.
(1) A person who applies for a certified copy of an entry in the
register or a certified extract from the register shall be entitled to
obtain the copy or extract in documentary form or otherwise on
payment of a prescribed fee.
(2) In this section “certified copy” or “certified extract” means a
copy or extract certified by the registrar and sealed with the seal of
the registrar.
PART III—PROCEDURE AND DURATION OF REGISTRATION
Protectable subject matter.
(1) A sign or combination of signs, capable of distinguishing
goods or services of one undertaking from those of other
undertakings, shall be capable of constituting a trademark.
4.
(2) Where a sign is not inherently capable of distinguishing the
relevant goods or services, qualification for registration shall depend
on distinctiveness acquired through use.
(3) A sign shall be capable of graphical representation in order
to be registered.
5. Applicant for registration of a trade mark to conduct a search.
A person who intends to apply for the registration of a trademark
shall carry out a search to ascertain whether the trademark exists in
the register upon payment of a prescribed fee.
Preliminary advice by registrar as to distinctiveness.
(1) A person who intends to apply for the registration of a
trademark may obtain advice from the registrar as to whether the
proposed trademark appears to the registrar to be inherently adapted
to distinguish or capable of distinguishing goods or services of the
proposed undertaking from those of other undertakings and the
registrar shall advice accordingly.
6.
(2) A person seeking advice under subsection (1) shall apply in
the prescribed manner.
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