Cap 559A rule 13 Failure to meet requirements for registration (s. 42(3) of the Ordinance) (Form T13) (Fee No. 3) (TRADE MARKS RULES; TRADE MARKS ORDINANCE)

Contents of Section

Chapter:	559A	Title:	TRADE MARKS RULES	Gazette Number:	L.N. 30 of 2003; L.N. 31 of 2003; L.N. 97 of 2003
Rule:	13	Heading:	Failure to meet requirements for registration (s. 42(3) of the Ordinance) (Form T13) (Fee No. 3)	Version Date:	04/04/2003

(1) If, on the basis of the examination of an application under rule 12, it appears to the Registrar that the requirements for registration are not met, he shall by notice in writing inform the applicant of the Registrar's opinion and of the matters referred to in section 42(3)(b) and (c) of the Ordinance.
(2) The applicant may, at any time during the period beginning on the date of the notice and ending 6 months after that date, do either or both of the following- (L.N. 97 of 2003)

(a) file written representations to establish that the requirements for registration are met; or

(b) file a request under section 46 of the Ordinance to amend his application so as to meet those requirements (see rule 24).

(3) The Registrar may, on a request being filed by the applicant on the specified form within the period specified in subrule (2), extend the time for filing the written representations or request referred to in that subrule for one further period of 3 months. (L.N. 97 of 2003)
(4) If-

(a) the applicant files written representations or a request for amendment under subrule (2) within the period specified in that subrule or, where the Registrar has granted an extension of time under subrule (3), within the period as so extended; and

(b) it appears to the Registrar, after considering the representations or request for amendment, that the application, or the application as amended or proposed to be amended, does not meet the requirements for registration,

the Registrar shall inform the applicant of his opinion by notice in writing. (L.N. 97 of 2003)
(5) Where a notice is sent to the applicant under subrule (4), the applicant may, at any time during the period beginning on the date of the notice and ending 3 months after that date, do any or all of the following-

(a) file written representations or further written representations to establish that the requirements for registration are met;

(b) file a request or a further request under section 46 of the Ordinance to amend his application so as to meet those requirements (see rule 24); or

(6) The Registrar may, on a request being filed by the applicant on the specified form within the period specified in subrule (5) or, where the Registrar has previously granted an extension of time under this subrule, within the period as so extended, extend the time for filing written representations or a request under subrule (5) for such period or periods, not exceeding 3 months at any one time, and on such terms, if any, as he may direct, if he is satisfied that-

(a) where the notice sent to the applicant under subrule (4) raises an objection to the registration of the trade mark on any of the grounds mentioned in section 12(1), (2) or (3) of the Ordinance (relative grounds for refusal of registration)-

(i) the applicant needs additional time to obtain the consent of the owner of a relevant earlier trade mark;

(ii) the applicant needs additional time to obtain an assignment of a relevant earlier trade mark; or

(iii) proceedings for the invalidation or revocation of a relevant earlier trade mark are pending and time should be extended to allow for the proceedings to be disposed of;

(b) the applicant needs additional time to prepare evidence of use to be filed in support of the application; or