Trade Marks Act, 1999
72. Consideration of application for
registration by the Registrar.-
(1) The Registrar shall consider the
application made under section 71 with regard to the following matters, namely
:-
(a) whether the
applicant is competent to certify the goods in respect of which the mark is to
be registered.
(b) whether the draft
of the regulations to be filed under section 74 is satisfactory.
(c) whether in all the
circumstances the registration applied for would be to the public advantage.
And may either –
(i) refuse the
application, or
(ii) accept the
application and approve the said draft of the regulations either without
modification and unconditionally or subject to any conditions or limitations,
or to any amendments or modifications of the applications or of the
regulations, which he thinks requisite having regard to any of the said
matters.
(2) Except in the case of acceptance and
approval without modification and conditionally, the Registrar shall not decide
any matter under sub-section (1) without giving the applicant an opportunity of
being heard.