(2)
Where the Controller is satisfied that the conditions referred to in subsection (1)
have been fulfilled, he shall forthwith accept the application and cause it to be
published in the prescribed 'manner.
(3)
Any person may, within the prescribed period and in the prescribed manner, lodge
with the Controller an opposition to the registration of the mark.
(4)
Any opposition lodged under subsection (3) shall be by way of notice and shall
state the grounds of opposition.
(5)
The applicant may, within the prescribed period and in the prescribed manner, send
a copy of any counter-statement to the opposition together with the grounds on
which he relies for his application to the Controller and the opponent.
(6)
Where the applicant does not send a counter-statement under subsection (5), he
shall be deemed to have abandoned the application.
(7)
Where the applicant sends a counter-statement under subsection (5), the Controller
shall, after hearing the parties if so required, decide whether the mark should be
registered.
(8)
After an application is published and until the registration of the mark, the
applicant has the same privileges and rights as he would have where the mark had
been registered.
(9)
39.
Notwithstanding subsection (8), it shall be a valid defence to an action brought
under the subsection in respect of an act done after the application was published,
where the defendant establishes that the mark could not validly have been
registered at the time the act was done.
Registration of a mark
Where
the
Controller
finds
that
the
conditions
referred
to
in
section
38(1)
are
fulfilled, and either (a)
the registration of the mark has not been opposed within the prescribed time limit;
or
(b)
the registration of the mark has been opposed and the opposition has been decided
in the applicant's favour,
he shall register the mark, publish a reference to the registration and issue to the
applicant a certificate of registration.
40.
Rights conferred by registration
(1)
Any interested person, other than the registered owner, who intends to use a
registered mark, in relation to any goods or services for which it has been
registered, shall require the agreement of the owner.
(2)
Any registered owner of a mark shall, in addition to any other rights, remedies or
actions available to him, have the right to institute court proceedings against any
person who infringes the mark by using, without his agreement, the mark as
aforesaid or who performs any act likely to cause an infringement.