S.L. 597.4 · Trademark Rules (S.L. 597.4)
S.L. 597.4 Art. 10Registration subject to disclaimer or limitation.
(1) The applicant or his attorney shall be informed of any disclaimer or limitation by the Comptroller.
(2) If the applicant or his attorney is not in agreement with the disclaimer or limitation, or part of the disclaimer or limitation, he shall inform the Comptroller accordingly and state his reasons for his disagreement. If the applicant or his attorney does not submit grounds for disagreement within sixty (60) days from the date of the notification of the disclaimer or limitation, the disclaimer or limitation will be considered as accepted by the applicant, and the Comptroller shall proceed with publication of the trademark application in accordance with article 36 of the Act, with the disclaimer or limitation.
(3) In the case of disagreement by the applicants of his attorney, the Comptroller shall reconsider the limitation or disclaimer on the basis of said disagreement and in this regard he may:
(a) waive the limitation or disclaimer; or
(b) alter the disclaimer or limitation as he sees fit; or
(c) insist on the disclaimer or limitation.
(4) The Comptroller shall communicate his decision in writing to the applicant or his attorney.
(5) If within sixty (60) days from the date of the communication of the Comptroller’s decision, the Comptroller does not receive an indication in writing from the applicant or his attorney showing his disagreement with the Comptroller’s decision, the disclaimer or limitation shall be taken as accepted and the Comptroller shall proceed with publication of the trademark application in accordance with article 36 of the Act, with the disclaimer or limitation.
(6) If within sixty (60) days from the date of the communication of the Comptroller’s decision, the applicant or his attorney submits in writing his disagreement with the disclaimer or limitation, the Comptroller may refuse the application. The Comptroller’s decision shall be final and may only be appealed as provided in article 100 of the Act.
Verweist auf
- S.L. 597.4 Art. 100
- S.L. 597.4 Art. 36