Section 33: Registration

33. Registration. ___(1) Where an application has been accepted and___ (a) no notice of opposition has been given within the period referred to in sub-section (2) of section 28; or (b) all opposition proceedings have been withdrawn or decided in favour of the applicant. the Registrar shall, within such period as may be prescribed, register the trade mark, unless it appears to him having regard to matters coming to his notice since he accepted the application that it was accepted in error. (2) A trade mark shall not be registered unless any fee prescribed for the registration is paid within the prescribed period. If the fee is not paid within the prescribed period, the application shall be deemed to have been 1[abandoned as per procedure prescribed under the rules]. (3) A trade mark when registered shall be registered as of the date of filing of the application for registration and that date shall be deemed for the purposes of this Ordinance to be the date of registration. (4) On the registration of a trade mark the Registrar shall publish the registration in the prescribed manner and issue to the applicant a certificate in the prescribed form of registration, sealed with the seal of the Trade Marks Registry. (5) Where registration of a trade mark is not completed within twelve months from the date of the application by reason of default on the part of the applicant, the Registrar may, after giving notice to the applicant in the prescribed manner, treat the application as abandoned unless it is completed within the time specified in that behalf in the notice. 1Subs. by Act No. LVIII of 2023, s.11.

Effective date: 2001-01-01

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