86. HEARING BEFORE ISSUING DIRECTION TO REFUSE AN APPLICATION OR TO ACCEPT IT CONDITIONALLY. -(1) Before the Central Government decides to direct the Registrar to refuse an application for registration as registered user or to accept the application subject to any conditions, restrictions or limitations, it shall give notice thereof in writing to the applicants through the Registrar. The notice shall state, the grounds on which the Central Government proposes to issue such direction and shall inform the applicants that they are entitled to be heard.
(2) Unless within two months from the receipt of the notice mentioned in sub-rule (1) the registered proprietor and the proposed registered user apply for a hearing, the Central Government may direct the Registrar to refuse the application or to accept it conditionally, as the case may be.
(3) If the registered proprietor and the proposed registered user apply for a hearing, the Central Government shall appoint a time for the, hearing and shall give them not less than a month notice of the time so appointed.
(4) After hearing the registered proprietor arid the proposed registered user, the Central Government, shall decide whether to give direction to the Registrar to accept the application or to refuse it or to accept it conditionally.
(5) The Registrar shall, on receipt of the directions of’ the Central Government, communicate in writing his order on the application to the applicants and to other registered users of the mark, if any.
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