IP/N/I/KENfT/I
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(Subsidiary]
Applications to A Iter Registered Tr .4Je Marks
89. Where a person desires to apply under section 38 of the
Act that his registered trade mark may be added to or altered,
he shall make his application in writing in form Tt\1 24, and shall
furnish the Registrar with four copies of the mark as it will a'ppear
when so added to or altered.
\
Alteration of
registered mark.
Ad vertisemcnt
before decision.
Declsion of
Registrar.
Advertisement
'llustration.
90. (1) The Registrar shall consider the application and shall, if
it appears to him expedient, advertise the application in the Gazette
before deciding it.
(2) Within one month from the date of the advertisement any
person may give notice of opposition to the application in form TM 45
accompanied by a duplicate of the notice, and may also send there
with a further statement of his objections in duplicate.
(3) The Registrar shall send the duplicate notice, and the duplicate
of any further statement of objections, to the applicant, and the provi
sions of rules 48 to 57 shall apply mutatis mutandis to the further
proceedings thereon; and in any case of doubt any party may apply
to the Registrar for directions.
91. If the Registrar decides to allow the application he shall add
to or alter the mark in the register, and if the mark so added to or
altered has not been advertised under rule 90 he shall advertise it
in the Gazette, and in any case shall insert in the Gazette a notification
that the mark has been altered.
92. In connexion with an application to alter a registered trade
mark the Registrar may at any time call on the applicant to supply
a printing block satisfactory to the Registrar and suitable for adver
tising the mark with the addition or alteration, if in the opinion of
the Registrar an advertisement describing the addition or alteration
in words would not be 'likely to be understood by persons interested
in the matter.
Court Orders for Rectification of Certification
Trade Mark Entries and Regulations
Rectification of
certification
trade mark
entries by the
court.
93. An application on any of the grounds mentioned in paragraph
4 of ·the First Schedule to the Act, made by an aggrieved person
to the court for an order expunging or varying an entry in the register
of or relating to a certification trade mark, or varying the relevant
deposited regulations, shall be made in form TM 35 and shall include
full particulars of the grounds on which the application is made.
A iteration of Certification Trade Mark Regulations
Alteration of
regulations.
94. (1) An application by the registered proprietor of a certifica
tion trade mark for an alteration of the deposited regulations shall be
made in form TM 34.
(2) Where the Registrar causes such an application to be adver
tised, the time within which any person may give notice to the Regis
trar of opposition to the application shall be one month from the date
of the advertisement.
Registered Users
Application for
entry of
registered user.
95. An application to the Registrar for the registration under
section 31 of the Act of a person as a registered user of a registered
trade mark shall be made by that person and the registered proprietor
in form TM 48.
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