Section 21 Trade Marks Act 1967

Section 21 of the Trade Marks Act 1967 is about Appeal from Registrar’s decision on opposed application. It is under ‘Procedure for and duration of registration’ of the Act. It provides as follows:

(1) A decision of the Registrar under section 20 (4) of this Act shall be subject to appeal to the court.

(2) An appeal under this section shall be made in the prescribed manner, and on the
appeal the court, shall, if required, hear the parties and the Registrar, and shall make an order determining whether, and subject to what conditions or limitations, if any, registration is to be permitted.

(3) On the hearing of an appeal under this section, any party may, either in such
manner as may be prescribed or by special leave of the court, bring forward further material for the consideration of the court

(4) On an appeal under this section, no further ground of opposition to the registration of a trade mark shall be allowed to be taken by an opponent or the Registrar, other than those stated in pursuance of section 20 of this Act by that or any other opponent, except by leave of the court; and if any further grounds of opposition are taken, the applicant shall be entitled, on giving such notice as may be prescribed, to withdraw his application without payment of the costs of the opponent or any of the opponents.

(5) On an appeal under this section, the court may, after hearing the Registrar, permit the trade mark proposed to be registered to be modified in any manner not substantially affecting its identity, but in any such case the trade mark as so modified shall be advertised in the Journal in the prescribed manner before being registered.

(6) The court may require an appellant under this section to give security for costs of
the appeal, and in default of such security being duly given, may direct the appeal to be treated as abandoned.

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