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676.   Application for registration

Revised Laws of Saint Lucia (2021)

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CHAPTER 2
REGISTRATION OF TRADE MARKS

676.   Application for registration

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    (1)   Any person claiming to be the proprietor of a trade mark who is desirous of registering the same must apply in writing to the Registrar in the prescribed manner.

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    (2)   Subject to the provisions of this Title the Registrar may refuse such application, or may accept it absolutely or subject to conditions, amendments, or modifications.

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    (3)   In case of any such refusal or conditional acceptance the Registrar shall, if required by the applicant, state in writing the grounds of his or her decision and the materials used by him or her in arriving at the same, and such decision shall be subject to appeal to the Crown Attorney or to the Court at the option of the applicant.

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    (4)   An appeal under this article shall be made in the prescribed manner, and on such appeal the Crown Attorney or the Court, as the case may be, shall, if required, hear the applicant and the Registrar, and shall make an order determining whether, and subject to what conditions, amendments, or modifications, if any, the application is to be accepted.

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    (5)   Appeals under this article shall be heard on the materials so stated by the Registrar to have been used by him or her in arriving at his or her decision, and no further grounds of objection to the acceptance of the application shall be allowed to be taken by the Registrar, other than those stated by him or her, except by leave of the tribunal hearing the appeal. Where any further grounds of objection are taken the applicant shall be entitled to withdraw his or her application without payment of costs on giving notice as prescribed.

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    (6)   The Registrar or the Crown Attorney or the Court, as the case may be, 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 such terms as they may think fit.

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