20
CAP. 401]
Trade Marks
(5) If the applicant sends such a counter-statement as aforesaid,
the Registrar shall furnish a copy thereof to the persons giving notice
of opposition, and shall, after hearing the parties, if so required, and
considering the evidence, decide whether, and subject to what condi
tions or limitations, if any, registration is to be permitted.
. (6) An appeal shall lie from any decision of the Registrar under
this section.
(7) An appeal under this section shall be made in the prescribed
form and manner, and on the appeal the High Court shall, if required,
hear the parties and the Registrar, and shall make an order determin
ing whether, and subject to what conditions or limitations, if any, reg
istration is to be permitted.
(8) On the hearing of an appeal under this section, any party may,
either in the manner prescribed or by special leave of the High Court,
bring forward further material for the consideration of the High
Court.
(9) On an appeal under this section, no further grounds of objec
tion to the registration of a trade mark shall be allowed to be taken
by the opponent or the Registrar, other than those so stated as afore
said by the opponent, 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 the costs of the
opponent on giving notice as prescribed.
(10) On an appeal under this section, the High Court may, after
hearing the Registrar, permit the trade mark proposed to be regis
tered to be modified in any manner not substantially affecting the
identity thereof, but in any such case the trade mark as so modified
shall be advertised in the prescribed manner before being registered.
(As amended by Act No. 17 of 1980)
Registration
24. (I) When an application for registration of a trade mark has
been accepted, and either
((I) the application has not been opposed and the time for
notice of opposition has expired; or
(h)
the application has been opposed and the opposition has
been decided in favour of the applicant;
the Registrar shall, unless the application has been accepted in error
or unless the High Court otherwise directs, register the trade mark,
and the trade mark, when registered, shall be registered as of the date
of the application for registration, and that date shall be deemed, for
the purposes of this Act, to be the date of registration:
Provided that the foregoing provisions of this subsection, relating
to the date as of which a trade mark shall be registered and to the date
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