24. REQUEST TO REGISTRAR FOR SEARCH. -(1) Any person may request the Registrar, on Form TM-54, to cause a search to be made in respect of specified goods classified in any one class in the Fourth Schedule to ascertain whether any mark is on record, which resembles a trade mark of which three representations accompany the form. The Registrar shall cause such search to-be made and the result thereof communicated to file person making the request. (2) If, within three months from the date of the communication of the result of the search aforesaid, an application is made for the registration of the trade mark in question, and the Registrar takes objection on the ground that the mark resembles a mark, which was not disclosed in the search but was on record 1[on the last of the dates on which the search was made,] the applicant shall be entitled, on giving notice of withdrawal of the application within the period mentioned in rule 40, to have repaid to him any fee paid on the filing of the application. (3) Any person may request the Registrar, on Form TM-60 to cause a search to be made and for issue of certificate under subsection (1) of Sec. 45 of the Copyright Act, 1957 (14 of 1957) to the effect that no trade mark identical with or deceptively similar to such artistic work, as sought to be registered as copyright under the Copyright Act, 1957 (14 of 1957) has been registered as a trade mark under the Trade and Merchandise Marks Act, 1958 (43 of 1958) in the name of, or that no application has been made under that Act for such re-registration by any person other than the applicant.
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