Section 53. (1)

53. (1) An application for the registration of a ~~;~~~~~ mark as a certification trade mark shall be made to the tlon. Registrar in writing in the prescribed manner by the person proposed to be registered as the proprietor thereof, and accompanied by a draft of the regulations to be deposited under section 56. (2) The provisions of section 14 shall have effect in relation to an application under this section as they have effect in relation to an application under the said section, except that for references therein to acceptance of an application there shall be substituted references to authorisation to proceed with the application, ! 1 (3) In dealing under the said provisions with an application under this section, the tribunal shall have regard to the like considerations, so far as relevant, as if the application were an application under section 14 and to any other considerations (not being matters within I I ==> picture [12 x 21] intentionally omitted <== I" I codderation 01 application tbn forreglatra- `by` Mtrd Government. `[ACT v` Trade Marks within the competence of the Central Government under section 54) relevant' to applications unaer this section, including the desirability of securing that a certification trade mark shall comprise some indication that it is a certification trade mark. 54. When authorisation to procced with an applica. tion under section 63 has been given, the Registrar shall forward the application to the Central Government who shall consider the application with regard to the following matters, namely :- - (a) whether the applicant is competent to certify the goods in respect of which the mark is to be registered ; - (b) whether the draft of the regulations to be deposited under section 56 is satisfactory ; - (c) whether in all the circumstances the regis. tration applied for would be to the public advantage ; and may either- - (i) direct that the application shall not be accepted ; or - (ii) direct the Registrar to accept the application and approve the said draft of the regulations either without modification and unconditionally or subject to any conditions or limitations, or to any amendments or modification of the application or of the regulations, which it thinks requisite having regard to any of the said matters ; but', except in the case of a direction for acceptance and approval without modification and unconditionally, the Central Government shall not decide the matter without giving to the applicant an opportunity of being heard : Provided that the Central Government may, a t the request of the applicant made with the concurrence of the Registrar, consider the application with regard to any of the said matters before authorisation to proceed with the application has been given, so however that the Central Government shall be at liberty to reconsider \ \ \ t / \ 1 t \. \ -.- -- . - OF 19401 Trude M a ~ k s any matter on which it has given a decision under this proviso if any amendment or modification is thereafter made in the application or in the draft of the regulations. 55. (1) W h ~ n an spplic~tion has been accepted, :*$ition* tration. the Registrar shall, as soon as may be thereafter, cause the application as accepted to be advertised in the Prescribed manner, and the provisions of section 15 shall have , effect in relation `to` the registration of the mark as if the application had been an application under section 14 : Provided that, in deciding under the said provisions the tribunal shall have regard only to the considerations referred to in sub-section (3) of section 53, and a decision under the said provisions in favour of the applicant shall be conditional on the determination in his favour by the Central Government under sub-section (2) of this section of any opposition relating to any of the matters referred to in section 64. (2) When notice of opposition is given relating to any of the matters referred to in section 54, the Central Government shall, after hearing the parties, if so required, and considering any evidence, decide whether, and subject to what conditions or limitations, or amendments or modifications, if any, of the application or of the regulations to be deposited under seqtion 56, registration is, having regard to those matters, to be permitted.