Trade Marks Act · 2022 Revised Edition · Part 1
41. Registration
Official textFrom Attorney General's Chambers, unchanged
Where an application has been accepted under section 38(5)
and —
no notice of opposition has been given within the period referred to in section 39(2); or
all opposition proceedings have been withdrawn or decided in favour of the applicant, the Registrar shall register the trade mark, unless it appears to him, having regard to matters coming to his notice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.
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 If the fee is not paid within that period, the application is deemed to have been withdrawn.
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.
registration
“registration” means, unless the context otherwise requires, registration in the register;
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.
Registrar
“Registrar” means the Registrar of Trade Marks appointed under section 3;
Terms defined in s 2
publish
Defined · s 2“publish” means make available to the public, and references to publication — (a) in relation to an application for registration, are to publication under section 39(1); and (b) in relation to registration, are to publication under section 41(4);
register
Defined · s 2“register” means the Register of Trade Marks maintained by the Registrar under section 60(1);
Registrar
Defined · s 2“Registrar” means the Registrar of Trade Marks appointed under section 3;
registration
Defined · s 2“registration” means, unless the context otherwise requires, registration in the register;
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Proceedings Relating to Importation of Infringing Goods
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