Industrial and Commercial Property (Protection) Act, 1927

Application for registration in Part A.

85.—(1) Any person claiming to be the proprietor of a trade mark who is desirous of registering the same in Part A of the register must apply in writing to the controller in the prescribed manner.

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

(3) In case of any such refusal or conditional acceptance the controller shall, if required by the applicant, state in writing the grounds of his decision and the materials used by him in arriving at the same, and such decision shall be subject to appeal to the Minister or to the court at the option of the applicant.

(4) An appeal under this section shall be made in the prescribed manner, and on such appeal the Minister or the court, as the case may be, shall, if required, hear the applicant and the controller, and shall make an order determining whether, and subject to what conditions, amendments, or modifications, if any, or to what limitations, if any, as to mode or place of user or otherwise, the application is to be accepted.

(5) Appeals under this section shall be heard on the materials so stated by the controller to have been used by him in arriving at his decision, and no further grounds of objection to the acceptance of the application shall be allowed to be taken by the controller other than those stated by him, except by leave of the tribunal hearing the appeal. When any further grounds of objection are taken the applicant shall be entitled to withdraw his application without payment of costs on giving notice as prescribed.

(6) The controller or the Minister or the court, as the case may be, may at any time, whether before or after acceptance, correct any error in or in connexion with the application, or may permit the applicant to amend his application upon such terms as they may think fit.