4 in the case of a refusal or conditional acceptance

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(4) In the case of a refusal or conditional acceptance, the registrar shall, state in writing the grounds for his or her decision. (5) A person aggrieved by the decision of the registrar may appeal to the court. (6) An appeal under this section shall be made in the prescribed form and the court shall upon hearing the applicant and the registrar make an order determining whether and subject to what amendments, modifications, conditions or limitations, the application is to be accepted. (7) Appeals under this section shall be heard only on the grounds stated by the registrar and no further grounds of objection to the acceptance of the application shall be allowed to be made by the registrar other than those stated under subsection (4) except by leave of the court. (8) Where any further grounds of objection are allowed by the court, the applicant may withdraw his or her application without payment of costs, on giving notice as prescribed. 9
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Act 17 Trademarks Act 2010 (9) The registrar or the court may at any time whether before or after acceptance, correct any error in or in connection with the application or may permit the applicant to amend his or her application upon terms as the registrar or the court, may think fit. 8. Trademark to be for particular goods or services. (1) A trademark relating to goods or services shall be registered in respect of particular goods or classes of goods. (2) A question arising as to the class within which goods or services fall shall be determined by the registrar. 9. Distinctiveness requisite for registration under Part A. (1) In order for a trademark other than a certification mark to be registered in Part A of the register, the trademark shall contain or consist of at least one of the following essential particulars— (a) the name of a company, individual or firm, represented in a special or particular manner; (b) the signature of the applicant for registration or of some predecessor in his or her business; (c) an invented word or invented words; (d) a word or words having no direct reference to the character or quality of the goods or services, and not being according to its ordinary signification, a geographical name or a surname; or (e) any other distinctive mark, but a name, signature or word or words, other than words within the descriptions in paragraphs (a), (b), (c) and (d), shall not be registrable under this paragraph except upon evidence of its distinctiveness. (2) For the purposes of this section, “distinctive” means— 10
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Act 17 Trademarks Act 2010 (a) in the case of a trademark relating to goods, adapted in relation to the goods in respect of which the trademark is registered or proposed to be registered, to distinguish goods with which the owner of the trademark is or may be connected, in the course of trade, from goods in the case of which no connection subsists; or (b) in the case of a trademark relating to services, adapted in relation to services in respect of which the trademark is registered or proposed to be registered, to distinguish services with which the
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