Section 103 in The Trade And Merchandise Marks Act, 1958
103. Preliminary advice by the Registrar as to distinctiveness.
(1)The Registrar may, on application made to him in the prescribed manner by any person who proposes to apply for the registration of a trade mark in Part A or Part B of the register, give advice as t whether the trade mark appears to him prima facie to be inherently adapted to distinguished, or capable of distinguishing, as the case may be.(2)If, on an application for the registration of a trade mark as to which the Registrar has given advice as aforesaid in the affirmative made within three months after the advice was given, the Registrar, after further investigation or consideration, gives notice to the applicant of objection on the ground that the trade mark is not adapted to distinguish, or is not capable of distinguishing, as the case may be, the applicant shall be entitled, on giving notice f withdrawal of the application within the prescribed period, to have repaid to him any fee paid on the filing of the application.
