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Section 63 – The Trade and Merchandise Marks Act,1958

The Trade and Merchandise Marks Act,1958

Section 63. Consideration of application for registration by central government

(1) When authorisation to proceed with an application under Sec. 62 has been given, the Registrar shall forward the application to the Central Government.

(2) The Central Government shall consider the application so forwarded with regard to the following matters, namely;

(a) Whether the applicant is competent to certify the goods in respect of which the mark is to be registered;

(b) Whether the draft of the regulation to be deposited under Sec. 65 is satisfactory:

(c) Whether in all the circumstances the registration applied for would be to the public advantage, and may either-

(i) Direct that the application shall not be accepted; or

(ii) Direct the Registrar to accept the application and approve the said draft of the regulations either without modification and unconditionally or subject to any conditions of limitations, or to any amendments or modification of the application or of the regulations, which it thinks requisite having regard to any of the said matters.

(3) Except in the case of a direction for acceptance and approval without modification and unconditionally the Central Government shall not decide any matter under sub-section (2) without giving to the applicant an opportunity of being heard.

(4) Notwithstanding anything contained in this section, the Central Government may, at the request of the applicant made through the Registrar, consider the application with regard to any of the matters referred to in sub-section (2) before authorisation to proceed with the application is given, but the Central Government shall be at liberty to re-consider any matter on which it has given a decision under this sub-section if any amendment of modification is thereafter made in the application or in the draft of the regulations.

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The Trade and Merchandise Marks Act,1958

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