Clause 15 — Trade Marks Bill

(1)

Where an application has been accepted and —

(a)

no notice of opposition is given within the period referred to in section 13(2); or

(b)

all opposition proceedings are withdrawn or decided in favour of the applicant,the Registrar shall register the trade mark.

(2)

Subject to subsections (3) and (4), a trade mark when registered shall be registered as of the date of the application for registration, and that date shall be deemed for the purposes of this Act to be the date of registration.

(3)

If —

(a)

the application was in respect of a trade mark whose registration had also been sought in a Convention country;

(b)

the applicant has a right to priority by virtue of section 10 for the registration of the trade mark in respect of particular goods or services; and

(c)

the trade mark is registered under this Act,the registration of the trade mark in respect of those goods or services is taken to have had effect from (and including) the date on which the application was filed in that country.

(4)

If —

(a)

the application was in respect of a trade mark whose registration had also been sought in a country or territory in relation to which an order under section 11 was made;

(b)

the applicant has a right to priority by virtue of that order for the registration of the trade mark in respect of particular goods or services; and

(c)

the trade mark is registered under this Act,the registration of the trade mark in respect of those goods or services is taken to have had effect from (and including) the date on which the application was filed in that country or territory.

(5)

On the registration of a trade mark, the Registrar shall issue to the applicant a certificate of registration.