Act 17 Trademarks Act 2010 (4) The registrar shall consider the application with regard to the following matters— (a) whether the applicant is competent to certify the goods or services in respect of which the mark is to be registered; (b) whether the draft rules are satisfactory; and (c) whether in all the circumstances the registration applied for would be to the public advantage; and may either— (i) refuse to accept the application; or (ii) accept the application and approve the regulations, without modification or subject to conditions or limitations or to any amendments or modifications of the application or of the rules, which he or she may think necessary having regard to the matters in this subsection. (5) Except where the registrar accepts and approves the application without modifications and conditions, he or she shall not decide the matter without giving the applicant an opportunity to be heard. (6) Sections 7(2) and (4) to (7) shall have effect in relation to an application under this section as they have effect in relation to an application under section 7(1). (7) In dealing with an application under this section the court shall have regard to similar considerations, so far as relevant, as if the application were an application under section 7 and to any other considerations relevant to applications under this section, including the desirability of securing that a certification mark comprises some indication that it is a certification mark. (8) A person aggrieved by the decision of the registrar under this section may appeal to court. 16

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