IPIN/l/SWZ/T/l
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(b) statements of number, price, quality or names of places or;
(c) other matter of a non-distinctive character which does not substantially affect
the identity of the trade mark or;
(d) colour;
seeks to register those, trade marks, they may be registered as a series in one registration.
Examination.
26. (1") UPOl1 the filing of an application for registration and the-payment of the prescribed
fee, the Registrar shall cause an examination to be made as to->
(a) tile application's conformity with the formal requirements of this Act and the
Regulations; and
(b) whether the trade mark is registrablein accordance with Part IV and the Re
gulations.
(2) If upon the examination it appears that the applicant is entitled to the registration
of his trade mark, the Registrar shall accept the application therefor and cause the trade
mark to be advertised in the Gazette..
(3) If upon the examination the Registrar objects to the application, he shall notify
the applicant in writing of the objections and shall allow him t.ime, as prescribed, to submit
his observations or to request a hearing and if the applicant fails to pursue his application
within the time allo-wed, .he shall be deemed to have withdrawn his application.
(4) Where the Registrar under subsection (3) notifies the applicant of his objections,
he may) following representations by the applicant, accept the application subject to such
amendments, modifications, conditions or limitations as he may think fit and if the applicant
does not object to such conditional acceptance and amends his application accordingly, the
Registrar shall cause the application to be advertised In the Gazette:
Provided that the Registrar may cause an application to be advertised before' accep
tance in any case where he considers there are exceptional circumstances for so doing.
(5) In the case of refusal of the application or conditional acceptance to which the
applicant objects the Registrar shall, if required, advise the applicant in writing of the grounds
of his decision including any documents relating thereto.
Opposition.
27. (1) Any person may, within the time prescribed from the date of the advertisement of
an application, give notice to the Registrar of opposition to the registration, on the grounds
that such application does not satisfy the requirements of Part IV.
-
.
(2) In addition to the ground-s referred to in subsection (1) any of the following shall
also constitute grounds for the purpose of opposition to the registration of a trade mark
(a) where the trade mark resembles, in such a way as to be 'likely to deceive or
cause confusion, an unregistered trade mark used earlier in Swaziland by a
third party in relation to the same goods or services or closely related goods or
services, provided that an application for the registration of the earlier used
unregistered trade mark is filed at the same time as the notice of opposition;
:..':".:
(b) where the trade mark resembles, in such a way as to be Iikely to deceive or
cause confusion, a business or company name already used in Swaziland by a
third party;