Trade Marks Act · s 41

Suggest a correction

Tell us what is wrong in this text. We check every suggestion against the official version before we change anything.

What is wrong?Wrong or mistyped wordsWrong structure or numberingWrong title or detailsText that appears twice

What should change, and whyUp to 2,000 characters.The text as it should read (optional)

41.
Registration
(1) Where an application has been accepted under section 38(5)
and —
(a) no notice of opposition has been given within the period referred to in section 39(2); or
(b) all opposition proceedings have been withdrawn or decided in favour of the applicant, the Registrar shall register the trade mark, unless it appears to him, having regard to matters coming to his notice since he accepted the application, that it was accepted in error.
(2) A trade mark shall not be registered unless any fee prescribed for the registration is paid within the prescribed period. If the fee is not paid within that period, the application is deemed to have been withdrawn.
(3) A trade mark when registered shall be registered as at the date of filing of the application for registration; and that date is deemed for the purposes of this Act to be the date of registration.
(4) On the registration of a trade mark, the Registrar shall publish the registration in the prescribed manner and issue to the applicant a certificate of registration.

Edit the text above. Up to 20,000 characters.Where you checked it (optional)A link to the official version, if you have one.

The text as we hold it

Open the official text

s 41Registration

(1)

Where an application has been accepted under section 38(5)

and —

(a)

no notice of opposition has been given within the period referred to in section 39(2); or

(b)

all opposition proceedings have been withdrawn or decided in favour of the applicant, the Registrar shall register the trade mark, unless it appears to him, having regard to matters coming to his notice since he accepted the application, that it was accepted in error.

(2)

A trade mark shall not be registered unless any fee prescribed for the registration is paid within the prescribed period. If the fee is not paid within that period, the application is deemed to have been withdrawn.

(3)

A trade mark when registered shall be registered as at the date of filing of the application for registration; and that date is deemed for the purposes of this Act to be the date of registration.

(4)

On the registration of a trade mark, the Registrar shall publish the registration in the prescribed manner and issue to the applicant a certificate of registration.