(c)
anything resembling any of the representations specified in paragraph (a) or
(b);
(d)
the word "Mauritius";
(e)
the word "standard"; or
(f)
any word or representation, not specified in paragraphs (a) to (e), likely to
lead people to believe that the person claiming to be the proprietor of the
mark has or recently had authorisation of the Government,
shall be registered except with the authority of the Minister.
37.
38.
Application for registration
(1)
Any application for the registration of a mark shall be filed with the Controller
and shall contain a request, a reproduction of the mark and a list of the goods or
services, listed under the applicable class or classes of the International
Classification for which registration of the mark is requested.
(2)
An application under subsection
prescribed application fee.
(3)
The application may contain a declaration claiming the priority, as provided for in
the Paris Convention, of an earlier national or regional application filed by the
applicant or his predecessor in title in, or for any state party, to that
convention or any member of the World Trade Organization.
(4)
Where an application contains a declaration in accordance with subsection (3), the
Controller may require the applicant to furnish, within the prescribed time limit,
a copy of the earlier application, certified as correct by the office with which it
was filed.
(5)
The effect of a declaration under subsection (3) shall be as provided in the Paris
Convention.
(6)
Where the Controller finds that the requirements under subsection (3) and the
regulations pertaining thereto have not been fulfilled, the declaration shall be
considered not to have been made.
(7)
The applicant may withdraw the application at any time before registration.
(8)
The applicant may, at anytime before the mark is
application, subject to the payment of a prescribed fee.
(1)
shall
be
subject
to
the
payment
registered,
of
withdraw
the
the
Examination and opposition
(1)
The Controller shall examine-(a)
whether the application complies with the requirements of section 37 and any
regulations made under this Act; and
(b)
whether the mark is a mark as defined in section 35(b) and is registrable
under section 36(2).