76 Government Gazette 23 March 2012 Act No. 1, 2012 No. 4907 INDUSTRIAL PROPERTY ACT, 2012 Application for registration 140. (1) An application for the registration of a mark as a trade mark must be made in the prescribed manner and, in the prescribed manner, be filed with the Registrar and must contain the following – (a) a request for registration; (b) a representation of the mark; and (c) a specification of the goods or services for which registration of the mark is requested; and (d) an indication of the applicable class or classes of the International Classification of Goods and Services or any prescribed classification of goods or services. (2) The Registrar or the Tribunal, as the case may be, may at any time, whether before or after acceptance of the application, correct any error in or in connection with the application, or may permit the applicant to amend his or her application upon such conditions as the Registrar or the Tribunal, as the case may be, may think fit. Application fee 141. An application for the registration of a mark as a trade mark must be accompanied by the prescribed fee. Right of priority 142. (1) The application may contain a declaration claiming the priority, as provided for in the Paris Convention, of an earlier national, regional or international application filed by the applicant or his or her predecessor in title, provided that the application is made within six months after the date of the earlier application. (2) The effect of the said declaration is as provided in the Paris Convention, but, if the Registrar finds that the requirements under subsection (3) have not been fulfilled, the said declaration is deemed not to have been made. (3) Where the application contains a declaration claiming the priority as provided for in the Paris Convention, the Registrar may require that the applicant furnish, within the prescribed time, a copy of the earlier application, certified as correct by the office with which it was filed. Date of filing 143. The Registrar must accord as the date of an application, the date on which the request for registration, the representation of the mark and the prescribed fee are lodged with the Registrar.

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