Skip to main content
Trade Marks [CAP. 401 19 (5) In the case of a refusal or conditional acceptance, the Registrar shall, if required by the applicant, state in writing the grounds of his decision and the materials used by him in arriving thereat, and the decision of the Registrar shall be subject to appeal. (6) An appeal under this section shall be heard in accordance with the provisions of Part XI. (7) Appeals under this section shall be heard on the materials stated as aforesaid by the Registrar, and no further grounds of objec­ tion to the acceptance of the application shall be allowed to be taken by the Registrar, other than those so stated as aforesaid by him, except by leave of the High Court. Where any further grounds of objection are taken, the applicant shall be entitled to withdraw his application without payment of costs on giving notice as prescribed. (8) The Registrar, or the High Court in the event of an appeal from a decision of the Registrar, may at any time, whether before or after acceptance, correct any error in or in connection with the application or may permit the applicant to amend his application upon such terms as the Registrar or the High Court may think right. (As amended by S.l. No. 175 of 1965 and Act No. 17 of 1980) 23. (l) When an application for registration of a trade mark has been accepted, whether absolutely or subject to conditions or limita­ tions, the applicant shall, as soon as may be after acceptance, adver­ tise the application as accepted in the prescribed manner, and the advertisement shall set forth all conditions and limitations subject to which the application has been accepted: Provided that the Registrar may direct that an application shall be advertised before acceptance if it is made under paragraph (e) of sub­ section (l) of section fourteen, or in any other case where it appears to him that it is expedient by reason of any exceptional circum­ stances so to do, and where an application has been so advertised, the Registrar may, if he thinks fit, direct that it shall be advertised again when it has been accepted, but shall not be bound so to do. (2) Any person may, within the prescribed time from the date of the advertisement of an application, give notice to the Registrar of opposition to the registration. (3) The notice shall be given in writing in the prescribed manner and shall include a statement of the grounds of opposition. (4) The Registrar shall send a copy of the notice to the applicant and, within the prescribed time after receipt thereof, the applicant shall send to the Registrar, in the prescribed manner, a counter-state­ ment of the grounds on which he relies for his application, and if he does not do so, he shall be deemed to have abandoned his application. Opposition to registration and appeals

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents