Section 18 Trade Marks Act 1967

Section 18 of the Trade Marks Act 1967 is about Application for registration. It is under ‘Procedure for and duration of registration’ of the Act. It provides as follows:

(1) Any person claiming to be the proprietor of a trade mark used, or proposed to be
used, by him who is desirous of registering it must apply in writing to the Registrar in the prescribed manner for registration either in Part A or in Part B of the register.

(2) Subject to the provisions of this Act, the Registrar may refuse the application, or
may accept it absolutely or subject to such amendments, modifications, conditions or limitations, if any, as he may think right.

(3) In the case of an application for registration of a trade mark (other than a certification trade mark) in Part A of the register, the Registrar may, if the applicant is willing, instead of refusing the application, treat it as an application for registration in Part Band deal with the application accordingly.

(4) In the case of a refusal or conditional acceptance, the Registrar shall, if required
by the applicant, state in writing the grounds of his decision and the materials used by him in arriving thereat, and the decision shall be subject to appeal to the court.

(5) An appeal under this section shall be made in the prescribed manner, and on the
appeal the court shall, if required, hear the applicant and the Registrar, and shall make an order determining whether, and subject to what amendments, modifications, conditions or limitations, if any, the application is to be accepted.

(6) Appeals under this section shall be heard on the materials stated by the Registrar in pursuance of subsection (4) of this section, and no further grounds of objection to the acceptance of the application shall be allowed to be taken by the Registrar, other than those so stated by him, except by leave of the court; and if any further grounds of objection are taken, the applicant shall be entitled to withdraw his application without payment of costs on giving such notice as may be prescribed.

(7) The Registrar or the court may at any time, whether before or after acceptance,
correct any error in or in connection with the application, or may permit the applicant to amend his application upon such terms as the Registrar or the court, as the case may be, thinks tit.

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