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In forceAmended2008 Revised Edition

21. Deficiencies in application

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Amended

Last amended by an amending law of 2014.

(1)

Where an application for registration of a trade mark does not satisfy any requirement under section 5(2) or (3) of the Act, the Registrar shall send the applicant a notice requiring the applicant to remedy the deficiency.

(2)

Where the Registrar has sent the applicant a notice under paragraph (1), the applicant shall remedy all deficiencies set out in the notice within 2 months after the date of the notice.

(3)

In accordance with section 5(4) of the Act, an application for registration of a trade mark shall not be treated as made unless —

(a)

all the requirements under section 5(2) of the Act have been satisfied; and

(b)

all the fees payable under section 5(3) of the Act —

(i)

have been paid; or

(ii)

are treated by the Registrar as paid.

(4)

Subject to paragraph (1), where an application for registration does not comply with rule 15(1) or 19(2)(a), the Registrar shall send the applicant a notice requiring the applicant to remedy the deficiency.

(5)

If the applicant fails to remedy all deficiencies set out in the notice under paragraph (4) within 2 months after the date of the notice, the application shall be treated as withdrawn.

Subregulation 1

Where an application for registration of a trade mark does not satisfy any requirement under section 5(2) or (3) of the Act, the Registrar shall send the applicant a notice requiring the applicant to remedy the deficiency.

Subregulation 2

Where the Registrar has sent the applicant a notice under paragraph (1), the applicant shall remedy all deficiencies set out in the notice within 2 months after the date of the notice.

Subregulation 3

In accordance with section 5(4) of the Act, an application for registration of a trade mark shall not be treated as made unless —

(a)

all the requirements under section 5(2) of the Act have been satisfied; and

(b)

all the fees payable under section 5(3) of the Act —

(i)

have been paid; or

(ii)

are treated by the Registrar as paid.

Subregulation 4

Subject to paragraph (1), where an application for registration does not comply with rule 15(1) or 19(2)(a), the Registrar shall send the applicant a notice requiring the applicant to remedy the deficiency.

Subregulation 5

If the applicant fails to remedy all deficiencies set out in the notice under paragraph (4) within 2 months after the date of the notice, the application shall be treated as withdrawn.

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