IP/NIlIKENfTll Page 54 [Subsidiary] Agency. Registrable trade marks. Flags, emblems, arms, etc. Agents 14. (1) Except as otherwise required by" these Rules, any applica­ tion, request or notice which is required or permitted by the Act or these Rules to be made or given to the Registrar or the court, and all other communications between an applicant or a person making such a request or giving such a notice and the Registrar, or the court, and between the registered proprietor or a registered user of a trade mark and the Registrar or the court or any other person, .may be signed, made or given by or through an agent. (2) Any such applicant. person 'making request or giving notice, proprietor or registered User may appoint .an agent to act for him in any proceeding or matter before or affecting the Registrar or the court under the Act and these Rules by signing and sending "to' the Registrar or the court, as the case may be. an authority to that effect in form TM 1 or in such other written form as the Registrar or the court may deem sufficient. (3) In case of such appointment. service upon the agent of any document relating to the proceeding or matter shall be deemed to be service upon the person so appointing him, all communications directed to be made to that person In respect of the proceeding or matter may be addressed to the agent, and all attendances upon the Registrar relating thereto may be made by or through the agent. (4) In any particular case the Registrar may require the 'personal signature or presence of an applicant, opponent, proprietor, registered user or other person. Registrable Trade Marks and Preliminary Advice (Section 43) 15. (l) The Registrar may refuse to accept any application for the registration of a mark upon which any of the following appear­ (0) the words "Patent", "Patented". "Registered", "Registered Design", "Copyright". "Entered at Stationer's Hall" or "To counterfeit this is a forgery", or words to similar effect; (b) representations of the Head of State of any foreign ~~te, or any colourable imitation thereof; (c) the words "Red Cross". or "Geneva Cross", and representations of the Geneva and other crosses in red. or of the Swiss Federal cross in white on a red ground or silver on a red ground, or such representations in a similar colour' or colours. (2) Where there appears in a trade mark the registration of which is applied for a representation of a cross in any colour. not being one of rthose mentioned in .subparagraph (c) of paragraph (1), the Registrar may -require the applicant as a condition of acceptance to undertake not to use the cross device on red, or in white on a red ground .or silver on a red ground, O!J in any similar colour or colours. 16. Representations in any form 'Of any of the following, or any device so nearly resembling them as to be likely to lead to rnistake, may not appear on trade marks the registration of which is 'applied fu~ .. (a) without. the written permission of the competent authority, Cap. 99.­ any specified. emblem, . specified likeness or speoified name within the meaning of section 2 of the National. Flag, Emblems and Names Act; 8 of 86

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