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TRADE MARKS REGULATIONS, 1970 (L.I. 667)
Regulation 34—Application for Entry of Assignment or Transmission.
(1) Where a person becomes entitled by assignment or transmission to a registered
trade mark he may conjointly with the registered proprietor, apply to the Registrar, on
the prescribed form to register his title.
(2) Where a person becomes so entitled but no conjoint application is made, he shall
apply to the Registrar, on the prescribed form, to register his title.
(3) An application under this regulation shall contain the name, trade or business
address and description of the person claiming to be entitled, together with full
particulars of the instrument, if any, under which he claims, and such instrument
shall be produced for inspection by the Registrar, preferably at the time of
application.
(4) The full names of all the partners in a partnership shall be given in the body of the
application; provided that in the case of a partnership registered under the
Incorporated Private Partnerships Act, 1962 (Act 152) only the partnership name
need be given.
(5) The Registrar may in any case require and retain an attested copy of any
instrument produced for inspection in proof of title, but such copy shall not be open
to public inspection.
(6) Where in the case of an application under this regulation the applicant does not
claim under any document or instrument which is capable in itself of giving proof of
his title, he shall, unless the Registrar otherwise directs, either upon or with the
application, state a case setting forth the full particulars of the facts upon which his
claim to be proprietor of the trade mark is based, and showing that the trade mark
has been assigned or transmitted to him. If the Registrar so requires, the case shall
be verified by a statutory declaration.
Regulation 35—Proof of Title.
The Registrar may call on any person who applies to be registered as proprietor of a
registered trade mark for such proof or additional proof of title as he may require for
his satisfaction.
Regulation 36—Application for Entry of Assignment without Goodwill.
(1) An application under regulation 34 relating to an assignment of a trade mark in
respect of any goods shall state (a) whether the trade mark was at the time of the
assignment, used in a business in any of those goods and (b) whether the
assignment was made otherwise than in connection with the goodwill of that
business; and, if both those circumstances subsisted, the applicant shall leave of the
Registrar's directions to advertise the assignment obtained upon application under
section 22 (9) of the Act and regulation 40, and such proof, including copies of
advertisements or otherwise, as the Registrar may require that his directions have