|559||Title:||TRADE MARKS ORDINANCE||Gazette Number:||L.N. 31 of 2003|
|Section:||72||Heading:||Power to give preliminary advice, etc.||Version Date:||04/04/2003|
(1) The Registrar shall have the power to give to a person who proposes to apply for the registration of a trade mark advice as to whether the trade mark appears to the Registrar prima facie to be capable of distinguishing goods or services of one undertaking from those of other undertakings within the meaning of section 3(1) (meaning of "trade mark").
(2) Any person who wishes to obtain such advice shall apply to the Registrar in the prescribed manner.
(3) If, on an application for the registration of a trade mark as to which the Registrar has given such advice in the affirmative, made within 3 months after the advice is given, the Registrar, after further investigation or consideration, gives notice to the applicant of objection on the ground that the trade mark is not capable of distinguishing the goods or services of one undertaking from those of another, the applicant shall be entitled, on giving notice of withdrawal of the application under section 45 (withdrawal of application) within the prescribed period, to have repaid to him any fees paid for the filing of the application.