Trade Marks Act · s 38

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s 38Examination of application

(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.

(2)

For that purpose he shall 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 have not been met, he shall inform the applicant and give him an opportunity, within such period as the Registrar may specify, to make representations or to amend the application.

(4)

If the applicant fails to satisfy the Registrar that those requirements have been met, or to amend the application so as to meet them,

Trade Marks or fails to respond before the end of the specified period, the Registrar shall refuse to accept the application.

(5)

If it appears to the Registrar that the requirements for registration have been met, he shall accept the application.