2 the registrar may cause an application to be

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(2) The registrar may cause an application to be published before acceptance where— (a) it is made under section 9 (1)(e); or (b) it is expedient by reason of exceptional circumstances to publish. 12
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Act 17 Trademarks Act 2010 (3) Where an application has been published, the registrar may, if he or she thinks fit, publish it again when it has been accepted but is not obliged to do so. 12. Objection to registration. (1) A person may, within the prescribed time from the date of publication of an application, give notice to the registrar of objection to the registration. (2) The notice shall be given in writing in the prescribed manner and shall include a statement of the grounds of objection. (3) The registrar shall send a copy of the notice to the applicant and within the prescribed time after receipt, the applicant shall send to the registrar, in the prescribed manner, a counter statement of the grounds on which he or she relies for his or her application and if he or she does not do so, he or she shall be taken to have abandoned his or her application. (4) If the applicant sends a counter-statement, the registrar shall furnish a copy of the counter statement to the person giving notice of objection and shall, after hearing the parties, if so required and considering the evidence, decide whether and subject to what conditions or limitations registration is to be permitted. (5) A person aggrieved by the decision of the registrar may appeal to court. (6) An appeal under this section shall be made in the prescribed form. (7) On appeal the court shall, if required, hear the parties and the registrar and shall make an order determining whether and subject to what conditions or limitations registration is to be permitted. (8) On hearing of an appeal under this section any party, may, either in the manner prescribed or by special leave of the court, bring forward further material for the consideration of the court. 13
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Act 17 Trademarks Act 2010 (9) On an appeal under this section no further grounds of objection to the registration of a trademark shall be allowed to be taken by the person objecting or the registrar, other than those stated by the person objecting, except by leave of the court. (10) Where any further grounds of objection are taken, the applicant is entitled to withdraw his or her application without payment of the costs of the person objecting on giving notice as prescribed. (11) On hearing the appeal, the court may permit the trademark proposed, to be registered and modified in a manner not substantially affecting its identity and the modified trademark shall be published in the prescribed form before being registered. (12) Where a person who gives notice of an objection or an applicant who sends a counter statement after receipt of a copy of a notice or an appellant, does not reside or carry on business in the East African Community, the court or the registrar may require him or her to give security for costs of the proceedings before the court or the registrar relating to the objection or to the appeal, as the case may be,
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