IP/NII/NGA/T/2 Page 17 (2) In a case where the Registrar makes any requirement to which the applicant does not object, the applicant shall comply therewith before the Registrar issues such statement In writing; and the date when such statement is sent ,to t~e applicant shall be deemed to be the date of the Registrar s decision for the purpose of appeal. 38. The Registrar may call on an applican t to insert in his application such disclaimer as the Registrar may think fit in order that the public generally may understand what the applicant's right, if his trade mark is registered, will be. Defensive Trade Marks Application under section 32. 39 .. (I) An application for the registration of a defensive trade mark under section 32 of the Act shall be made, addressed and sent to the Registrar on Form 32 and shall be accompanied by a statement of case setting forth full particulars of the facts on which the applicant relies in support of his application, verified by a statutory declaration made by the applicant or some other person approved for the purpose by the Registrar. (2) The applicant may send with this declaration, or subsequently, such other evidence as he may desire to furnish, whether after request made by the Registrar or otherwise, and the Registrar shall consider the whole of the evidence before deciding on the application; and in all other respects, and where they are appropriate and it is not otherwise stated, these Regulations shall apply to such applications as they apply to applications for the registration of ordinary trade marks. Certification Trade Marks Application under section 43. Authorisation to proceed. 40. An application for the registration of a certification trade mark under section 43 of the Act shall be made to the Registrar upon Form 5 and shall be accompanied by two duplicates of the application or unstamped copies of Form 5 and by six additional representations of the mark on Form 3. 41. (1) These Regulations shall apply to such applications as they apply to applications for the registration of ordinary trade marks, except that for references therein to acceptance of an application there shall be substituted references to authorisation to proceed with the application, and that the applicant shall not be deemed to have abandoned his application if in the circumstances of regulation 35 or regulation 36 he does not apply for a hearing or reply in writing. (2) The address of an applicant to register a certification trade mark shall be deemed to be a trade or business address for all the purposes for which such an address is required by these Regulations. Disclaimer.