Section 29
Section 29
(2)
For the purpose of an examination under subsection (1), the
Registrar shall carry out a search, to such extent as he considers necessary, of earlier trademarks.
(3)
Upon examination, where the Registrar finds that the application fulfills the requirements for registration of trademark, the Registrar shall accept the application.
(4)
Where the Registrar accepts the application for registration of trademark, the Registrar shall record the date of filing of the application under section 22 as the date of filing.
(5)
If the application for registration of trademark does not fulfill any requirements for registration of trademark, the Registrar shall inform the grounds of provisional refusal to the applicant by a written notice and the applicant shall have an opportunity to—
(a)
make representations;
(b)
amend the application so as to meet the conditions, amendments, modifications or limitations, as the
Registrar deems fit to impose; or
(c)
furnish additional or any other information or evidence, within such period as the Registrar may specify in the
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written notice.
(6)
For the purposes of subsection (5)—
(a)
the application shall be deemed withdrawn if the applicant does not respond within such period as specified by the Registrar in the written notice; and
(b)
the Registrar shall refuse the application if the applicant’s response does not satisfy the Registrar that those requirements are fulfilled and the Registrar shall, if required by the applicant, state in writing the grounds of the total provisional refusal.
(7)
The Registrar, upon the request of the applicant, may defer any action in relation to the application for registration of trademark under prescribed circumstances and for a prescribed period.
(8)
Where an appeal lies to the Court against the decision of the
Registrar relating to a total provisional refusal under paragraph (6)(b)—
(a)
the appeal shall be made in the prescribed manner;
(b)
the Court shall, where necessary, hear the applicant and the Registrar; and
(c)
the appeal shall be heard on the material stated by the
Registrar to have been used by the Registrar in arriving at his decision and no further grounds of provisional refusal to the acceptance of the application shall be allowed to be taken by the Registrar other than those so stated except by leave of the Court.
(9)
For the purposes of paragraph (8)(c), where any further grounds of provisional refusal are taken, the applicant shall be entitled to withdraw his application without payment of costs on giving notice in the prescribed manner.
(10)
In determining an appeal under subsection (8), the Court shall make an order subject to any conditions, amendments, modifications or limitations, if any, the application for registration of trademark is to be accepted.
(11)
Any application for registration of trademark filed and accepted under this section shall, notwithstanding any conditions,
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amendments, modifications or limitations permitted by the Registrar or the Court to be made in such application, be deemed to have been made on the date of application.
(12)
Without prejudice to subsection (11), where after the acceptance of an application for registration of trademark but before the registration of the trademark, the Registrar is satisfied—
(a)
that the application has been accepted in error; or
(b)
that in the special circumstances of the case, the trademark shall not be registered or shall be registered subject to additional or different conditions or limitations, the Registrar may revoke the acceptance and proceed as if the application had not been accepted or, in respect only of a trademark which shall be registered subject to additional or different conditions or limitations, reissue a new acceptance subject to additional or different conditions or limitations.