15
TRADE MARKS REGULATIONS, 1970 (L.I. 667)
been fulfilled; and if the Registrar is not satisfied that his directions have been
fulfilled, he shall not proceed with the application.
(2) For the purposes of section 29 (4) of the Act, the period within which a
corporation may be registered as the subsequent proprietor of a registered trade
mark, upon application made under regulation 34, shall be six months from the date
of advertisement in the Gazette of the registration of the trade mark or such further
period not exceeding six months as the Registrar may allow, on application being
made to him by the applicant for registration of title or the registered proprietor, as
the case may be, at any time before or during the period for which the extension can
be allowed.
Regulation 37—Entry in Register.
When the Registrar is satisfied as to the title of the person claiming to be registered,
he shall cause him to be registered as proprietor of the trade mark in respect of the
relevant goods, and shall enter in the register his name, trade or business address
and description and particulars of the assignment or transmission.
Regulation 38—Separate Registrations.
Where, pursuant to an application under regulation 34, and as the result of a division
and separation of the goods of a registration or a division and separation of places or
markets, different persons become registered separately under the same official
number as subsequent proprietors of a trade mark, each of the resulting separate
registrations in the names of those different persons shall be deemed to be a
separate registration for all the purposes of the Act.
Regulation 39—Registrar's Certificate or Approval for Certain Assignments
and Transmission.
(1) Any person who wishes to obtain the Registrar's certificate under section 22 (6)
of the Act, or his notification of approval under section 22 (8), shall send to the
Registrar, with his application on the prescribed form, a statement of case in
duplicate setting out the circumstances, and a copy of any instrument or proposed
instrument effecting the assignment or transmission.
(2) The Registrar may call for any evidence or further information that he may
consider necessary, and the statement of case shall be amended if required to
include all the relevant circumstances and shall if required be verified by a statutory
declaration.
(3) The Registrar, after hearing if so required the applicant and any other person
whom the Registrar may consider to be interested in the transfer, stall consider the
matter and issue a certificate thereon or a notification in writing of approval or
disapproval thereof, as the case may be.