78
Government Gazette 23 March 2012
Act No. 1, 2012
(b)
No. 4907
INDUSTRIAL PROPERTY ACT, 2012
makes such other disclaimer or endorsement as the Registrar deems
necessary for the purpose of defining the rights under the registration,
but such disclaimer or endorsement does not affect any other rights of the applicant in
respect of the mark except as arising out of the registration.
(5)
If the Registrar accepts an application subject to any amendments,
modifications, conditions or limitations, or any disclaimer or endorsement as
contemplated in subsection (1)(b) or in subsection (4) and –
(a)
the applicant does not accept such amendments, modifications,
conditions or limitations, or such disclaimer or endorsement he or
she may within the prescribed period from the date of the advice of
conditional acceptance submit arguments, in the prescribed manner,
apply for a hearing or for an extension of time, failing which the
application is deemed to have been abandoned;
(b)
the applicant accepts such amendments, modifications, conditions or
limitations, or such disclaimer or endorsement he or she must within
the prescribed period so notify the Registrar, in the prescribed manner,
whereupon the application is deemed to have been accepted; or
(c)
the applicant accepts such amendments, modifications, conditions or
limitations, or such disclaimer or endorsement but fails to notify the
Registrar within the prescribed period and in the prescribed manner, the
application is deemed to have been abandoned.
(6)
In the case of a decision in terms of subsection (1)(a), or a decision in
terms of subsection (1)(b) and which is accepted by the applicant, the Registrar must,
within such time and in a manner prescribed, publish that application in the bulletin.
Examination after opposition
147.
(1)
After the publication of a notice under section 146(6), any
person may, within the prescribed period and in the prescribed manner, give notice to
the Registrar of opposition to the registration of the mark on the ground that one or more
of the requirements for the registrability of the mark as contained in any provision of
this Chapter has not been complied with.
(2)
Any opposition must follow the procedure and require such evidence as
provided for in this section and as may be prescribed.
(3)
The Registrar must as soon as possible after receiving the notice
contemplated in subsection (1), send a copy of the notice to the applicant who must,
within such period and in such manner as may be prescribed, send to the Registrar
a counter-statement of the grounds on which he or she relies in support of his or her
application.
(4)
If the applicant fails to comply with the provisions of subsection (3),
the application must be considered as having been abandoned.