—(1) The Registrar shall examine whether an application for registration of a trade mark satisfies the requirements of this Act (including any requirements imposed by rules made under this Act).
(2) For the purpose of subsection (1), the Registrar may carry out a search, to such extent as he considers necessary, of earlier trade marks.
(3) If it appears to the Registrar that the requirements for registration are not met or that additional information or evidence is required to meet those requirements, the Registrar shall inform the applicant and give him an opportunity, within such period as may be prescribed, to make representations, to amend the application or to furnish the additional or any other information or evidence.
(4) If the applicant responds within the period referred to in subsection (3) but fails to satisfy the Registrar that those requirements are met, or to amend the application or furnish the additional information or evidence so as to meet them, the Registrar may refuse to accept the application.
(4A) If the applicant fails to respond within the period referred to in subsection (3), the application shall be treated as withdrawn.
(5) If it appears to the Registrar that the requirements for registration are met, the Registrar shall accept the application.
[UK Trade Marks Act 1994, s. 37]
—(1) When an application for registration has been accepted, the Registrar shall cause the application to be published in the prescribed manner.
(2) Any person may, within the prescribed time from the date of the publication of the 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 and such other matter as may be prescribed.
(4) The Minister may make rules to provide for opposition proceedings and for matters relating thereto.
[UK Trade Marks Act 1994, s. 38 (1) and (2)]
—(1) The applicant may at any time withdraw his application or restrict the goods or services covered by the application.
(2) If the application has been published, the withdrawal or restriction shall also be published.
(3) In other respects, an application may be amended, at the request of the applicant, only by correcting —
the name or address of the applicant;
errors of wording or of copying; or
and then only where the correction does not substantially affect the identity of the trade mark or extend the goods or services covered by the application.
(4) The Minister may make rules for the publication of any amendment which affects the representation of the trade mark, or the goods or services covered by the application, and for the making of objections by any person claiming to be affected by it.
[UK Trade Marks Act 1994, s. 39]
—(1) Where an application has been accepted and —
no notice of opposition is given within the period referred to in section 13(2); or
all opposition proceedings are withdrawn or decided in favour of the applicant,
the Registrar shall register the trade mark.
(2) A 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.
(3) On the registration of a trade mark, the Registrar shall issue to the applicant a certificate of registration.
[UK Trade Marks Act 1994, s. 40; Trade Marks 1992 Ed., s. 31]
—(1) Notwithstanding section 15(1), if, before a trade mark is registered, the Registrar is satisfied —
that the application for registration of the trade mark was accepted because of an error or omission in the course of the examination; or
that, in the special circumstances of the case, the trade mark should not be registered,
the Registrar may revoke the acceptance of the application.
(2) If the Registrar revokes the acceptance —
the application is taken to have never been accepted; and
section 12 again applies in relation to the application.
[Aust. Trade Marks Act 1995, s. 38]