IP/N/l/SWZ/T/l
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(c) where the trade mark is filed by the agent or the representative of a third party
who is the proprietor of the trade mark in another country, without the autho
rization of such proprietor, unless the agent or representative justifies his action.
(3) The notice of opposition under this section shall be given in writing in the prescri
bed manner and shall include a st.atement of the grounds of opposition.
(4) The Registrar shall send a copy of the notice to the applicant and, within the
prescribed t irne after receipt thereof, the applicant shall submit to the Registrar, in the prescri
bed manner, a counter-statement of the grounds on which he relies for his application, and if
the applicant does not do so, he shall be deemed to have abandoned his application.
(5) If the applicant submits a counter-statement as required by subsection (4), the Re
gistrar shall furnish a copy thereof to the person giving notice of opposition, and shall, after
hearing the parties if so required, and considering the evidence, decide whether, and subjec t
to what conditions or limitations, if any, registration is to be permitted.
(6) On an appeal from any decision of the Registrar under this section the High 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 published in the Gazette before being registered.
Registration.
28.
(1) When an application for registration of a trade mark has been accepted, and either
(a) the application has not been op·posed and the time for notice of opposition has
expired; or
o» 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 e.rror, register the trade mark,
and the trade mark, when registered, shall be registered as of the date on which the applica
tion for registration was received, and that date shall be deemed, for the purposes of this Act,
to be the date of registration:
Provided that the provisions of this subsection relating to the date as on which a
trade mark shall be registered and to the date to be deemed to be the date of registration shall
as respects a trade mark registered. under this Act with the benefit of priority under the
Convention, have effect s-ubject to the provisions of the Convention.
(2) On the registration of a trade mark, the Registrar shall cause to be issued to the
applicant a certificate of registration thereof in the prescribed form and every such registration
shall be published in the Gazette.
PART VI
DUR~A.TION A]~D
RENEWAL OF REGISTRfi.. TION
Term of Registration and Renewal.
29. (1) The registration of a trade mark shall be for a period of ten years from the date of
registration but may be renewed from time to time in accordance with this section.
(2) Subject to subsection (4), the Registrar shall, on application made by the registered
proprietor of a trade mark in the prescribed manner and within the prescribed period, renew
the registration of the trade mark for a period of ten years from the date of expiration of the
original registration or of the last renewal of registration which date is referred to in this
section as "the expiration of the last registration", provided that the registered proprietor