S.L. 597.4 Art. 56Ex officio provisional refusal of protection.

(1) Where the Comptroller finds that, in accordance with the Act, an international registration designating Malta cannot be accepted or can be accepted with conditions only, the Comptroller shall, before the expiry of the refusal period specified in Article 5(2)(b) of the Protocol, notify to the International Bureau of a provisional refusal of protection, complying with the requirements of the Protocol and the Regulations under the Protocol.

(2) The holder of that international registration shall enjoy the same remedies as if the mark had been filed for registration directly with the Comptroller.

(3) Any provisional refusal of the international registration designating Malta must be notified to the International Bureau, together with a statement of all grounds, before the expiry of eighteen

(18) months from the date on which the notification of the extension has been sent to Malta by the International Bureau.

(4) The holder may respond to the provisional refusal directly to the "Office" by requesting a review of the decision within a period of sixty (60) days counted from the date of the notification to the holder sent by the International Bureau.

(5) The holder may appoint an agent or attorney to act on their behalf before the Comptroller.

(6) Where the Comptroller has requested the holder to accept a disclaimer or has proposed that the designation shall only be acceptable for specific goods and, or services, the Comptroller may proceed for publication for opposition with the disclaimer or the specific goods and/or services, where the holder has not submitted their disagreement within the given time limit.

(7) Where the holder does not respond to the total provisional refusal within the given time limit, the designation of Malta is deemed abandoned to the extent applicable.