Contents of Section

Chapter:

559A PDFTitle:TRADE MARKS RULESGazette Number:L.N. 62 of 2006
Rule:11Heading:Deficiencies in applicationVersion Date:26/05/2006


(1) If it appears to the Registrar that an application for registration of a trade mark does not satisfy the requirements of-

        (a) rule 6(1), 7(1) or (2) or 8(1); or
        (b) section 38 of the Ordinance (which sets out requirements relating to applications),
the Registrar shall send a notice to the applicant informing him of the deficiencies and requesting him to remedy those deficiencies.
(2) An applicant to whom a notice is sent under this rule must remedy the deficiencies within 2 months after the date of the notice, and if he fails to do so-
        (a) where the deficiencies relate to rule 6(1) or 8(1) or section 38(1), (2)(e), (3), (4) or (5) of the Ordinance, the application shall be treated as abandoned; (L.N. 62 of 2006)
        (aa) where the deficiencies relate to the class or classes of goods or services in the International Classification required to be specified under rule 7(1), the part of the application relating to the goods or services the specification of the class or classes for which is deficient shall be treated as abandoned; (L.N. 62 of 2006)
        (ab) where the deficiencies relate to the description of goods or services required to be provided under rule 7(2), the part of the application relating to the goods or services the description of which is deficient shall be treated as abandoned; and (L.N. 62 of 2006)
        (b) where the deficiencies relate to section 38(2)(a), (b), (c) or (d) of the Ordinance, the application shall be deemed never to have been made.