No. 4907 Government Gazette 23 March 2012 Act No. 1, 2012 77 INDUSTRIAL PROPERTY ACT, 2012 Withdrawal, restriction or amendment of application 144. The applicant for a trade mark registration may, at any time before the mark is registered, in the prescribed manner withdraw, restrict or amend the application as long as any such amendment will not substantially affect the identity of the mark. Examination as to form and substance 145. (1) After according a date to the application, the Registrar must examine the application to determine whether it complies with the requirements of section 140(1). (2) If the Registrar is satisfied that the requirements of subsection (1) are complied with, the Registrar must determine whether the mark is a mark as defined in section 131 and is registrable as a trade mark under sections 134, 137 and 138. Acceptance or refusal of application 146. (1) (a) if he or she is satisfied that the application complies with the requirements of section 145, accept the application; (b) if he or she deems it appropriate, accept the application subject to such amendments, modifications, conditions or limitations as he or she may deem fit; or (c) if he or she is satisfied that the application does not comply with the requirements of section 145, refuse the application. The Registrar must consider the application and he or she may - (2) The Registrar must advise the applicant for registration in writing within a reasonable period from the date of application of his or her decision in terms of subsection (1), and in the case of a decision in terms of subsection (1)(c) must, on application by the applicant within the prescribed period and in the prescribed manner, state in writing the grounds for the decision. (3) Where the Registrar has advised the applicant of a decision in terms of subsection (1)(c), and unless within the prescribed period from the date of the advice or from the date on which grounds for the decision were furnished in terms of subsection (2), whichever is the later date, the applicant submits arguments, in writing, or applies for a hearing or an extension of time, the application is deemed to have been abandoned. (4) In the case of a decision in terms of subsection (1)(b), the Registrar, if he or she finds that the mark contains matter which is not capable of distinguishing within the meaning of section 134, may require as a condition of the mark being registered as contemplated in section 136, that the applicant – (a) disclaims any right to the exclusive use of such matter; or