34
CAP. 401]
Trade Marks
person gives notice to the Registrar in the prescribed manner of
opposition to the application, the Registrar shall, after hearing the
parties if so required, decide the matter.
(3) An appeal shall1ie from any decision of the Registrar under
this section.
(4) Where leave as aforesaid is granted, the trade mark as altered
shall be advertised by the proprietor in the prescribed manner, unless
it has already been advertised, in the fonn to which it has been
altered, in an advertisement under subsection (2).
Adaptation of
entries in
rezister to
amended or
substituted
classification
of goods
41. (I) The Minister may from time to time make such regulations,
prescribe such forms and generally do such things as may be expedi
ent, for empowering the Registrar to amend the register, whether by
making or expunging or varying entries therein, so far as may be req
uisite for the purpose of adapting the designation therein of the~~od~_
~o~_c-',!sses of g~C?c:Is in respect of which ~,!!~ks are registered to
any amended or substituted classification that may be prescribed.
(2) The Registrar shall not, in exercise of any power conferred on
him for the purpose aforesaid, make any amendment of the register
that would have the effect of adding ~n.YJ1!0ods or classes of goo~ to
those in~sp~c;;tQt.Yv.~~..!:!-a tr~e~!. is registered (whether in one or
more classes) immediately before the amendment is to be made or of
ante-dating the registration of a trade mark in respect _of any goods:
~
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-.
-
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Provided that this subsection shall not have effect in relation to
goods as to which the Registrar is satisfied that compliance with this
- subsection in relation thereto would involve undue complexity and
that the addition or ante-dating, as the case may be, would not affect
any substantial quantit)' of goods and would not substantially preju
dice the rights of any person.---~
(3) A proposal for the amendment of the register for the purpose
aforesaid shall be notified to the registered proprietor of that trade
--ill¥k affected, shall be subject to appeal by the registered proprietor
to the High Court shall be advertised by the proprietor with any mod
ifications, and may be opposed before the Registrar by any person
aggrieved on the ground that the proposed amendment contravenes
the provisions of subsection (2), and an appeal shall lie from any
decision of the Registrar on any such opposition.
PART IX
CERTIFICATION TRADE MARKS
Certification
trade marks
42. (I) A mark adapted in relation to any goods to distinguish in
the course of trade goods certified by any person in respect of origin,
material, mode of manufacture, quality, accuracy or other character
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