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Examination of application.
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42.—(1) The Controller shall examine whether an application for registration of a trade mark satisfies the requirements of this Act (including any requirements imposed by rules); and in this section those requirements are referred to as “the requirements for registration”.
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(2) If it appears to the Controller that the requirements for registration are not met, the Controller shall inform the applicant and give the applicant an opportunity, within such period as the Controller may specify, to make representations or to amend the application.
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(3) If the applicant fails to satisfy the Controller that the requirements for registration have been met, or to amend the application so as to meet them, or fails to respond before the end of the specified period, the Controller shall refuse to accept the application.
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(4) If it appears to the Controller that the requirements for registration are met, the Controller shall accept the application.
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