Trade Marks Act, 1996


45.—(1) Where an application has been accepted and—

(a) no notice of opposition has been given within the period referred to in section 43 (2), or

(b) all opposition proceedings have been withdrawn or decided in favour of the applicant,

the Controller shall register the trade mark unless it appears to him, having regard to matters coming to his notice since accepting the application, that it was accepted in error.

(2) A trade mark shall not be registered unless any fee prescribed for the registration has been paid within the prescribed period and, if the fee has not been so paid, the application shall be deemed to be withdrawn.

(3) A trade mark when registered shall be registered as of the date of filing of the application for registration; and that date shall be deemed for the purposes of this Act to be the date of registration.

(4) On the registration of a trade mark the Controller shall publish the registration in the Journal and issue to the applicant a certificate of registration.

(5) The registration procedure shall be regarded as completed on the date of publication under subsection (4); and that date shall be entered in the register.