Section 37: Application for registration

37. Application for registration (1) Any application for the registration of a mark shall be filed with the Controller and shall contain a request, a reproduction of the mark and a list of the goods or services, listed under the applicable class or classes of the International Classification for which registration of the mark is requested. (2) An application under subsection (1) shall be subject to the payment of the prescribed application fee. (3) The application may contain a declaration claiming the priority, as provided for in the Paris Convention, of an earlier national or regional application filed by the applicant or his predecessor in title in, or for any State party, to that Convention or any member of the World Trade Organisation. [Issue 1] P4 – 23 Patents, Industrial Designs and Trademarks Act (4) Where an application contains a declaration in accordance with subsection (3), the Controller may require the applicant to furnish, within the prescribed time limit, a copy of the earlier application, certified as correct by the office with which it was filed. (5) The effect of a declaration under subsection (3) shall be as provided in the Paris Convention. (6) Where the Controller finds that the requirements under subsection (3) and the regulations pertaining thereto have not been fulfilled, the declaration shall be considered not to have been made. (7) The applicant may withdraw the application at any time before registration. (8) The applicant may, at any time before the mark is registered, withdraw the application, subject to the payment of a prescribed fee.