12
No. 12
Trade and Service Marks
1986
independent trade or service marks and shall, subject to the provisions
of section 35 (2) (a) and section 41 (2) have all the incidents of an independent trade marks.
(2) Where a person claiming to be the proprietor of several trade or
service marks, in respect of the same goods or services or closely related
goods or services which, while resembling each other in the material particulars thereof, yet differ in respect of(a) statements of goods or services in relation to which they are
respectively used or proposed to be used; or
(b) statements of number, price, quality or names of places; or
(c) other matter of non-distinctive character which does not substatiaIly affect the identity of the trade mark; and
(d) colour, seeks to register those trade marks they may be registered
as a series in one registration.
Examination
26.-(I) Upon filing of an application for registration of a trade and
service mark and the payment of the prescribed fee the Registrar shall
cause an examination to be made as to(a) conformity with the formalities required in this Act and the Regula tions;
(b) the registrability of the trade and service mark in accordance
with the provisions of Part IV and of the regulations; and
(c) whether the trade and service mark is required to be associated in
accordance with the provisions of section 41.
(2) If upon the examination aforesaid it appears that the applicant is
entitled to registration of his trade or service mark, the Registrar shall
accept the application there for and cause the trade or service mark to be
advertised in the Trade and Service Marks Journal.
(3) If upon the examination aforesaid the Registrar objects to the
application, he shall notify the applicant in writing of the objections and
shall allow his time, as prescribed, to submit his representation or to
request a hearing. If the applicant fails to pursue his application within
the time allowed, he shall be deemed to have withdrawn his application.
(4) Where the Registrar under subsection (3) notifies the applicant of
his objections, he may, following representations by the applicant,
indicate his willingness to accept the application subject to such amendments, modifications, conditions or limitations as he may deem fit. If
the applicant does not object to such conditional acceptance and amends
his application accordingly, the Registrar shall cause the application to be
advertised in the Trade and Service Marks Journal, provided that the
Registrar may cause an application to be advertised before acceptance in
any case where he considers there are exceptional circumstances for so
doing.
(5) In the case of refusal of the application or conditional acceptance
to which the applicant objects the Registrar shall, if required advise the
applicant in writing of the grounds of his decision and the materials used
by him in arriving at it.