Act 17
Trademarks Act
2010
7. Application for registration.
(1) A person who claims to be the owner of a trademark used or
proposed to be used by him or her and is desirous of registering it
shall apply in writing to the registrar in the prescribed form for
registration in Part A or Part B of the register.
(2) Subject to this Act, the registrar may—
(a) refuse the application; or
(b) accept it absolutely or subject to amendments, modifications,
conditions or limitations, as he or she may deem fit.
(3) In the case of an application for registration of a trademark
in Part A of the register, other than a certification mark, the registrar
may with consent of the applicant, 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, state in writing the grounds for his or her decision.
(5) A person aggrieved by the decision of the registrar may
appeal to the court.
(6) An appeal under this section shall be made in the prescribed form
and the court shall upon hearing the applicant and the registrar make an
order determining whether and subject to what amendments,
modifications, conditions or limitations, the application is to be accepted.
(7) Appeals under this section shall be heard only on the grounds
stated by the registrar and no further grounds of objection to the
acceptance of the application shall be allowed to be made by the
registrar other than those stated under subsection (4) except by leave
of the court.
(8) Where any further grounds of objection are allowed by the
court, the applicant may withdraw his or her application without
payment of costs, on giving notice as prescribed.
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