Rev. 2009]
Trade Marks
CAP. 506
(2) Subject to the provisions of this Act, the Registrar may
refuse the application, or may accept it absolutely or subject to such
amendments, modifications, conditions or limitations if any, as he may
think right.
(3) In the case of an application for registration of a trade
mark (other than a certification trade mark) in Part A of the register,
the Registrar may, if the applicant is willing, 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, if required by the applicant, state in writing the grounds of his
decision and the materials used by him in arriving thereat, and the
decision shall be subject to appeal to the court.
(5) An appeal under this section shall be made in the prescribed
manner, and on the appeal the court shall, if required, hear the applicant
and the Registrar, and shall make an order determining whether, and
subject to what amendments, modifications, conditions or limitations,
if any, the application is to be accepted.
(6) Appeals under this section shall be heard on the materials stated
by the Registrar, and no further grounds of objection to the acceptance
of the application shall be allowed to be taken by the Registrar, other
than those so stated by him, except by leave of the court; and, where
any further grounds of objection are taken, the applicant shall be entitled
to withdraw his application without payment of costs on giving notice
as prescribed.
(7) The Registrar or the court, as the case may be, may at any
time, whether before or after acceptance, correct any error in or in
connexion with the application, or may permit the applicant to amend
his application upon such terms as the Registrar or the court may think
fit.
21. (1) When an application for registration of a trade mark has Opposition to
been accepted, whether absolutely or subject to conditions or limitations, registration.
the Registrar shall, as soon as may be after acceptance, cause the
application as accepted to be advertised in the prescribed manner, and
the advertisement shall set forth all conditions and limitations subject
to which the application has been accepted:
Provided that the Registrar may cause an application to be
advertised before acceptance if it is made under paragraph (e) of
subsection (1) of section 12, or in any other case where it appears to
him that it is expedient by reason of any exceptional circumstances so
21