Law library · Sierra Leone · The Trade Marks Act, 2014
Section 6, The Trade Marks Act, 2014
Status not yet checkedThe Trade Marks Act, 2014, Sierra Leone
(1) The Registrar shall examine whether the applicationcomplies with the requirements of sections 4 and 5.
(2) If the Registrar finds that the requirements of sections
4 and 5 have been complied with, the Registrar shall cause the
application to be published in the Gazette so that any interested
person may file a notice of opposition to the registration within the
prescribed period and in the prescribed manner.
(3) A person may, within three months, or such further
time, not exceeding nine months in all, as the Registrar may allow,
from the date of the publication of the application, give notice to the
Registrar of his opposition to the registration.
(4) A notice under subsection (3) shall be given in writing,
and in duplicate, and shall include a statement of the grounds of the
opposition.
(5) The Registrar shall send a copy of the notice under
subsection (3) to the applicant, and within one month after the receipt
of the notice, or such further time, not exceeding three months in all,
as the Registrar may allow, the applicant shall send to the Registrar a
counter statement, in duplicate, of the grounds on which he relies in
his application, and, if he does not do so, he shall be deemed to have
abandoned his application.
(6) The Registrar shall send a copy of the counter
statement to the person who filed the notice of opposition and shall
after hearing the parties decide whether the trade mark should be
registered.
(7) The applicant has, until the registration of the trade
mark, the same privileges and rights when an application is published
as the applicant would have if the trade mark had been registered;
but it shall however be a valid defence to an action in respect of an
act done after the application has been published, if the alleged
infringer establishes that the trade mark could not validly have been
registered at the time the act was done.
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