(3) The registrar may communicate to the applicant any observation the registrar may have to make on the sufficiency of the case or the suitability of the draft regulations, and the applicant may modify either of those documents. (4) If the registrar decides to accept the application, the regulations for governing the use of the mark approved by the registrar, as well as the form of application, shall be open to public inspection. (5) If the registrar decides to refuse to accept the regulations or to accept the regulations subject to conditions, limitations, amendments or modifications, the registrar shall inform the applicant of his or her objections in writing and shall, if required, hear the applicant. (6) A person may, within sixty days from the date of any publication in the Gazette of an application for the registration of a certification mark, give notice to the registrar in Form TM 36 of opposition under section 12 of the Act, and regulations 29 to 39 shall apply with the necessary modifications in the proceedings on it with the substitution of Form TM 37 for Form TM 7 and Form TM 38 for Form TM 8 and in the case of doubt a party may apply to the registrar for directions. (7) These Regulations shall apply to applications for registration of certification marks as they apply to applications for the registration of trademarks, except that the applicant shall not be deemed to have abandoned his or her application if in the circumstances of regulation 23 (2) and (3), the applicant does not apply for a hearing or reply in writing. Entry in the register 43. Entry in register. (1) As soon as possible after the expiration of sixty days from the date of the advertisement in the Gazette of any application for the registration of a trademark, the registrar shall, subject to any opposition and the determination of the opposition, and subject to section 16(1) and (2) of the Act, and upon payment of the prescribed fee, enter the trademark in the register. 2009

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