Trade Marks Act, 1999
133. Preliminary advice by the Registrar as to
distinctiveness.-
(1) The Registrar may, on application made to
him in the prescribed manner by any person who proposes to apply for the
registration of a trade mark, give advice as to whether the trade mark appears
to him prima facie to be distinctive.
(2) If, on an application for the registration
of a trade mark as to which the Registrar has given advice as aforesaid in the
affirmative made with three months after the advice was given, the Registrar,
after further investigation or consideration, gives notice to the applicant of
objection on the ground that the trade mark is not distinctive the applicant
shall be entitled, on giving notice of withdrawal of the application within the
prescribed period, to have repaid to him any fee paid on the filing of the
application.