76
Government Gazette 23 March 2012
Act No. 1, 2012
No. 4907
INDUSTRIAL PROPERTY ACT, 2012
Application for registration
140. (1)
An application for the registration of a mark as a trade mark
must be made in the prescribed manner and, in the prescribed manner, be filed with the
Registrar and must contain the following –
(a)
a request for registration;
(b)
a representation of the mark; and
(c)
a specification of the goods or services for which registration of the
mark is requested; and
(d)
an indication of the applicable class or classes of the International
Classification of Goods and Services or any prescribed classification of
goods or services.
(2)
The Registrar or the Tribunal, as the case may be, may at any time,
whether before or after acceptance of the application, correct any error in or in connection
with the application, or may permit the applicant to amend his or her application upon
such conditions as the Registrar or the Tribunal, as the case may be, may think fit.
Application fee
141. An application for the registration of a mark as a trade mark must be
accompanied by the prescribed fee.
Right of priority
142.
(1)
The application may contain a declaration claiming the priority,
as provided for in the Paris Convention, of an earlier national, regional or international
application filed by the applicant or his or her predecessor in title, provided that the
application is made within six months after the date of the earlier application.
(2)
The effect of the said declaration is as provided in the Paris Convention,
but, if the Registrar finds that the requirements under subsection (3) have not been
fulfilled, the said declaration is deemed not to have been made.
(3)
Where the application contains a declaration claiming the priority
as provided for in the Paris Convention, the Registrar may require that the applicant
furnish, within the prescribed time, a copy of the earlier application, certified as correct
by the office with which it was filed.
Date of filing
143. The Registrar must accord as the date of an application, the date on
which the request for registration, the representation of the mark and the prescribed fee
are lodged with the Registrar.