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(1) Upon receipt of an application for the registration of a trade mark the Registrar shall, for the appropriate purpose specified in subregulation (2) or (3), cause a search to be made amongst registered marks and pending applications and the Registrar may cause the search to be renewed at any time before the acceptance of the application, but shall not be bound to do so.

(2) In the case of an application for the registration of a trade mark in respect of any goods, the appropriate purpose mentioned in subregulation (1) is that of ascertaining whether, for the same goods, for the same description of goods, or for services closely related to those goods, there are on record any marks identical with the mark applied for, or so nearly resembling it as to render use of the mark applied for likely to deceive or cause confusion.

(3) In the case of an application for the registration of a trade mark in respect of any services, the appropriate purpose mentioned in subregulation (1) is that of ascertaining whether, for the same services, for the same description of services, or for goods that are closely related to those services, there are on record any marks identical with the mark applied for, or so nearly resembling it as to render use of the mark applied for likely to deceive or cause confusion.