Consideration of application for registration by Registrar

Section 72 of the Trade Marks Act, 1999 deals with consideration of application for registration by Registrar. The Registrar shall consider the application made under section 71 with regard to the following matters, namely:-- (a) whether the applicant is competent to certify the goods in respect of which the mark is to be registered; The Act came into force on 15 Sep 2003.

(1) The Registrar shall consider the application made under section 71 with regard to the following matters, namely:--

(a) whether the applicant is competent to certify the goods in respect of which the mark is to be registered;

(b) whether the draft of the regulations to be filed under section 74 is satisfactory;

(c) whether in all the circumstances the registration applied for would be to the public advantage,

and may either--

(i) refuse the application; or

(ii) accept the application and approve the said draft of the regulations either without modification and unconditionally or subject to any conditions or limitations, or to any amendments or modifications of the application or of the regulations, which he thinks requisite having regard to any of the said matters.

(2) Except in the case of acceptance and approval without modification and unconditionally, the Registrar shall not decide any matter under sub-section (1) without giving the applicant an opportunity of being heard.

Section 72, The Trade Marks Act, 1999 (Act 47 of 1999).