4 the register shall be divided into two parts called

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(4) The register shall be divided into two parts called Part A and Part B respectively. (5) A record of particulars or other matter made using electronic form for the purpose of keeping the register shall be taken to be an entry in the register. (6) The register shall at all convenient times be open to the inspection of the public, subject to such regulations as may be prescribed. (7) The register shall be kept under the control and management of the registrar. 7
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Act 17 Trademarks Act 2010 3. Copies and extracts from the register. (1) A person who applies for a certified copy of an entry in the register or a certified extract from the register shall be entitled to obtain the copy or extract in documentary form or otherwise on payment of a prescribed fee. (2) In this section “certified copy” or “certified extract” means a copy or extract certified by the registrar and sealed with the seal of the registrar. P ART III—P ROCEDURE A ND D URATION OF R EGISTRATION 4. Protectable subject matter. (1) A sign or combination of signs, capable of distinguishing goods or services of one undertaking from those of other undertakings, shall be capable of constituting a trademark. (2) Where a sign is not inherently capable of distinguishing the relevant goods or services, qualification for registration shall depend on distinctiveness acquired through use. (3) A sign shall be capable of graphical representation in order to be registered. 5. Applicant for registration of a trade mark to conduct a search. A person who intends to apply for the registration of a trademark shall carry out a search to ascertain whether the trademark exists in the register upon payment of a prescribed fee. 6. Preliminary advice by registrar as to distinctiveness. (1) A person who intends to apply for the registration of a trademark may obtain advice from the registrar as to whether the proposed trademark appears to the registrar to be inherently adapted to distinguish or capable of distinguishing goods or services of the proposed undertaking from those of other undertakings and the registrar shall advice accordingly. (2) A person seeking advice under subsection (1) shall apply in the prescribed manner. 8
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Act 17 Trademarks Act 2010 7. Application for registration. (1) A person who claims to be the owner of a trademark used or proposed to be used by him or her and is desirous of registering it shall apply in writing to the registrar in the prescribed form for registration in Part A or Part B of the register. (2) Subject to this Act, the registrar may— (a) refuse the application; or (b) accept it absolutely or subject to amendments, modifications, conditions or limitations, as he or she may deem fit. (3) In the case of an application for registration of a trademark in Part A of the register, other than a certification mark, the registrar may with consent of the applicant, instead of refusing the application, treat it as an application for registration in Part B and deal with the application accordingly.
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