Section 19 of The Trade Marks Act, 1999
Where, after the acceptance of an application for registration of a trade mark but before its registration, the Registrar is satisfied--
- (a)that the application has been accepted in error; or
- (b)that in the circumstances of the case the trade mark should not be registered or should be registered subject to conditions or limitations or to conditions additional to or different from the conditions or limitations subject to which the application has been accepted, the Registrar may, after hearing the applicant if he so desires, withdraw the acceptance and proceed as if the application had not been accepted.
Summary
- The Registrar has the power to withdraw the acceptance of a trade mark application before it is actually registered.
- This can happen if the Registrar realizes the application was accepted by mistake, or decides it should not be registered, or needs different conditions.
- Before withdrawing acceptance, the Registrar must give the applicant a chance to be heard if the applicant wants it.
- Once acceptance is withdrawn, the application goes back to being treated as if it had never been accepted.
Practical examples
FAQ
1. Under Section 19 of the Trade Marks Act, 1999, can the Registrar cancel the acceptance of my application?
Yes, under Section 19 of the Trade Marks Act, 1999, if the Registrar is satisfied it was accepted in error or should have different conditions, they can withdraw acceptance before registration.
2. Will I be notified if the Registrar uses Section 19 of the trademark law to withdraw my acceptance?
Yes, Section 19 of the Trade Marks Act, 1999 states the Registrar may withdraw acceptance after hearing the applicant if the applicant so desires.
3. What happens after acceptance is withdrawn under Section 19 of the 1999 Act?
According to Section 19 of the Trade Marks Act, 1999, the Registrar will proceed as if the application had not been accepted.
Test yourself
Q1.Under Section 19 of The Trade Marks Act, 1999, at what stage of the process can the Registrar withdraw acceptance?
Q2.Under Section 19 of The Trade Marks Act, 1999, which of the following is a valid reason for the Registrar to withdraw acceptance?
Q3.What procedural right does an applicant have under Section 19 of The Trade Marks Act, 1999 before the Registrar withdraws acceptance?
Q4.An application is accepted under Section 18 of The Trade Marks Act, 1999, and then the Registrar realizes under Section 19 that it needs additional limitations. What is the legal status of the application immediately after the Registrar formally withdraws the acceptance?