Trade Marks Act, 1996

Publication, opposition proceedings and observations.

43.—(1) When an application for registration has been accepted, the Controller shall cause the application to be published in the Journal.

(2) Any person may, within the prescribed time from the date of the publication of the application in the Journal, give notice to the Controller of opposition to the registration; and any such notice shall be given in writing in the prescribed manner, and shall include a statement of the grounds of opposition.

(3) Where an application has been published in the Journal, any person may, at any time before the registration of the trade mark, make observations in writing to the Controller as to whether the trade mark should be registered; and the Controller shall inform the applicant of any such observations.

(4) A person who makes observations as mentioned in subsection (3) shall not thereby become a party to the proceedings on the application.