Rev. 2009] Trade Marks CAP. 506 the application or of the regulations, which he thinks requisite having regard to any of the foregoing matters; but, except in the case of a direction for acceptance and approval without modification and unconditionally, the Registrar shall not decide the matter without giving to the applicant an opportunity of being heard. 2. (1) When an application has been accepted, the Registrar shall, as soon as may be after acceptance, cause the application as accepted to be advertised in the prescribed manner, and the provisions of subsections (2) to (11) of section 21 shall have effect in relation to the registration of the mark as if the application had been an application under section 20: Provided that, in deciding under the provisions of section 21, the Registrar shall have regard only to the considerations referred to in subparagraph (3) of paragraph 1 of this Schedule, and a decision under those provisions in favour of the applicant shall be conditional on the determination in his favour by the Registrar under subparagraph (2) of this paragraph of any opposition relating to any of the matters referred to in subparagraph (5) of paragraph 1. (2) When notice of opposition is given relating to any of the matters referred to in subparagraph (5) of paragraph 1 of this Schedule, the Registrar shall, after hearing the parties, if so required, and considering any evidence, decide whether, and subject to what conditions or limitations, or amendments or modifications of the application or of the regulations, if any, registration is, having regard to those matters, to be permitted. 3. (1) The regulations deposited in respect of a certification trade mark may, on the application of the registered proprietor, be altered by the Registrar. (2) The Registrar may cause an application for his consent to be advertised in any case where it appears to him that it is expedient so to do, and where the Registrar causes an application to be advertised, if within the prescribed time from the date of the advertisement any person gives notice to the Registrar of opposition to the application, the Registrar shall not decide the matter without giving the parties an opportunity of being heard. 4. (1) The court may, on the application in the prescribed manner of any person aggrieved, or on the application of the Registrar, make such order as it thinks fit for expunging or varying any entry in the register relating to a certification trade mark, or for varying the deposited regulations, on the ground – (a) that the proprietor is no longer competent, in the case of any of the goods in respect of which the trade mark is registered, to certify those goods; (b) that the proprietor has failed to observe a provision of the deposited regulations to be observed on his part; (c) that it is no longer to the public advantage that the trade mark 55

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