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TRADE MARKS REGULATIONS, 1970 (L.I. 667)
(3) All applications under this regulation shall be signed by the registered proprietor
or the registered user, as the case may be, or by an agent expressly authorised by
him for the purpose of such an application, unless in exceptional circumstances the
Registrar otherwise allows.
Regulation 42—Application to Rectify, or Remove a Trade Mark from, the
Register.
(1) An application to the Registrar under sections 26, 27, 32 or 33 of the Act to make,
expunge or vary any entry in the register shall be made in writing, and shall be
accompanied by a statement setting out fully the nature of the applicants interest, the
facts upon which he bases his case and the relief which he seeks.
(2) Where the application is made by a person who is not the registered proprietor of
the trade mark in question it shall be accompanied by two copies of the application
and two copies of the statement, and the Registrar shall forthwith send these copies
to the registered proprietor at his trade or business address as entered in the register
and, if an address for service different therefrom is entered in the register, at that
address also.
(3) Upon such application being made, and copy thereof sent to the registered
proprietor, if necessary, the provisions of regulations 16 to 22 shall apply mutatis
mutaudis to the further or remove the mark from the register merely because the
registered proprietor has not filed a counter-statement. In any case of doubt any
party may apply to the Registrar for directions.
Regulation 43—Intervention by Third Parties.
(1) Any person other than the registered proprietor alleging interest in a registered
trade mark in which an application is made under regulation 42 may apply to the
Registrar in writing for leave to intervene, stating the nature of his interest, and the
Registrar may refuse or grant such leave, after hearing (if so required) the parties
concerned, upon such conditions and terms as he may deem fit.
(2) Before dealing in any way with the application for leave to intervene the Registrar
may require the applicant to give an undertaking to pay such cost as in the
circumstances he may award to any party.
Regulation 44—Application to Correct the Register.
(1) An application to the Registrar under section 34 (1) of the Act to alter the register
by correction, change, cancellation, or striking out goods, or for the entry of a
disclaimer or memorandum, may be made in writing by the registered proprietor or
by such person as may satisfy the Registrar that he is entitled to act in the name of
the registered proprietor.
(2) The Registrar may require such evidence by statutory declaration or otherwise as
he may think fit as to the circumstances in which the application is made.