-2u(2)(a) Where the Registrar finds that the conditious referred to in subscct iou
(J) hereof are fulfilled, he shall forthwith cause the application, as accepted,
to be published in the prescribed manner
(b) Any Interested person may, with III the prescribed period and III the
III the registrar otopposuion to the registratlllil
of the mark on the grounds that one or more of till:' requirements of SCC\IUII
39(i) and 40(2) and the Rcgulauons pertaining thereto arc not I'lillilkd
prescribed manner. give uor.ce
(c) The Registrar shall send forthwith a copy of such a notice tu the
applicant, and, within the prescribed period and III tile prescribed manner tilC
applicant shall send to the registrar a counter-statement of the grounds on
which he relies tor his application; if he does not do so, he shall be deemed to
have abandoned the application
(d) If the applicant sends a counter-statement, the Registrar shall iumisl:
a copy thereof to the person giving notice of opposition and, after hearing the
parties, if either or both wish to be heard, and considering the merits of the
case, shall decide whether the mark should be registered
(e) After an application IS published and until the registration oftbe
mark, the applicant has the same privileges and lights as he wuuld have if
the mark had been registered, however, it shall be a valid defense IC, all
action brought hereunder In respect of an act done after the application was
published, if the defendant establishes that the mark could not validly have
been registered at the time the act was clone
(3) Where the Registrar finds that the conditions referred to In subsection
(1) are fulfilled, and either
Rights Conferred
bv
Registration,
Duration. RCllC\\'UJ
(ARIPO Marks)
(i)
the registration of the mark has not been opposed within the
prescr-ibed time limit, or
(ii)
the registration of the mark has been opposed and the
opposition has been decided in the applicant's favor, he shall
register the mark, publish a reference to the registration and
Issue to the applicant a certificate of registration Otherwise,
he shall refuse the application.
43 (I) Tn.: use of a registered mark, in relation to any goods 01 services
services for which it has been registered, by any person other" than the
registered owner shall require the agreement of the laue:
1'01
e:2) The registered owner or 3 mark shall, in addition to any other rights,
remedies cr actions available to him, have the right to Institute court
proceedings against any person who infringes the mark by using, without IllS
agreement, the mark as aforesaid or who performs acts which make it likely
that infringement will occur The right shall extend to [he use of a sign similar
to the regiuered mark and use In relation TO goods and services similar to
those for which the mark has been registered, where confusion may arise ill
the public.
(3) The rights conferred by registration of a mark shall riot extend tll :ICIO'
ill respect l)f aruc!cs which have been put 011 the market ill Liberia ill 1ill'
registered owner or with his consent