On 19/06/2013,
you requested for the version in force on 19/06/2013
incorporating all amendments published on or before 19/06/2013.
The closest version currently available is that of 21/12/1998.
Registration procedure
12.
—(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, the Registrar shall inform the applicant and give him an opportunity, within such period as may be prescribed, to make representations or to amend the application.
(4) If the applicant fails to satisfy the Registrar that those requirements are met, or to amend the application so as to meet them, or fails to respond before the end of the prescribed period, the Registrar shall refuse to accept the application.
(5) If it appears to the Registrar that the requirements for registration are met, the Registrar shall accept the application.
13.
—(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.
14.
—(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 —
(a)
the name or address of the applicant;
(b)
errors of wording or of copying; or
(c)
obvious mistakes,
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.
15.
—(1) Where an application has been accepted and —
(a)
no notice of opposition is given within the period referred to in section 13(2); or
(b)
all opposition proceedings are withdrawn or decided in favour of the applicant,
the Registrar shall register the trade mark.
(2) Subject to subsections (3) and (4), 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) If —
(a)
the application was in respect of a trade mark whose registration had also been sought in a Convention country;
(b)
the applicant has a right to priority by virtue of section 10 for the registration of the trade mark in respect of particular goods or services; and
(c)
the trade mark is registered under this Act,
the registration of the trade mark in respect of those goods or services is taken to have had effect from (and including) the date on which the application was filed in that country.
(4) If —
(a)
the application was in respect of a trade mark whose registration had also been sought in a country or territory in relation to which an order under section 11 was made;
(b)
the applicant has a right to priority by virtue of that order for the registration of the trade mark in respect of particular goods or services; and
(c)
the trade mark is registered under this Act,
the registration of the trade mark in respect of those goods or services is taken to have had effect from (and including) the date on which the application was filed in that country or territory.
(5) On the registration of a trade mark, the Registrar shall issue to the applicant a certificate of registration.
16.
—(1) Notwithstanding section 15(1), if, before a trade mark is registered, the Registrar is satisfied —
(a)
that the application for registration of the trade mark was accepted because of an error or omission in the course of the examination; or
(b)
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 —
(a)
the application is taken to have never been accepted; and
(b)
section 12 again applies in relation to the application.