Act 17 Trademarks Act 2010 7. Application for registration. (1) A person who claims to be the owner of a trademark used or proposed to be used by him or her and is desirous of registering it shall apply in writing to the registrar in the prescribed form for registration in Part A or Part B of the register. (2) Subject to this Act, the registrar may— (a) refuse the application; or (b) accept it absolutely or subject to amendments, modifications, conditions or limitations, as he or she may deem fit. (3) In the case of an application for registration of a trademark in Part A of the register, other than a certification mark, the registrar may with consent of the applicant, instead of refusing the application, treat it as an application for registration in Part B and deal with the application accordingly. (4) In the case of a refusal or conditional acceptance, the registrar shall, state in writing the grounds for his or her decision. (5) A person aggrieved by the decision of the registrar may appeal to the court. (6) An appeal under this section shall be made in the prescribed form and the court shall upon hearing the applicant and the registrar make an order determining whether and subject to what amendments, modifications, conditions or limitations, the application is to be accepted. (7) Appeals under this section shall be heard only on the grounds stated by the registrar and no further grounds of objection to the acceptance of the application shall be allowed to be made by the registrar other than those stated under subsection (4) except by leave of the court. (8) Where any further grounds of objection are allowed by the court, the applicant may withdraw his or her application without payment of costs, on giving notice as prescribed. 9

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