Section 12

The Registrar must examine whether an application for registration of a trade mark satisfies the requirements of this Act (including any requirements imposed by rules made under this Act).

For the purpose of subsection (1), the Registrar may carry out a search, to such extent as the Registrar considers necessary, of earlier trade marks.

If it appears to the Registrar that the requirements for registration are not met or that additional information or evidence is required to meet those requirements, the Registrar must inform the applicant and give the applicant an opportunity, within such period as may be prescribed, to make representations, to amend the application or to provide the additional or any other information or evidence.

If the applicant responds within the period referred to in subsection (3) but fails to satisfy the Registrar that those requirements are met, or to amend the application or provide the additional information or evidence so as to meet them, the Registrar may refuse to accept the application.

If the applicant fails to respond within the period referred to in subsection (3), the application is to be treated as withdrawn.

If it appears to the Registrar that the requirements for registration are met, the Registrar must accept the application.