IP/NIl/NGA/T/2
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(2) The Registrar may in any case require a,nd retain ~n
attested copy of any instrument produced for inspection In
proof of title, but such copy shall not be open to public
inspection.
76. Where in the case of an application on Form 16 or
Form 17 the person applying for registration of his title does
not claim under any document or instrument which is capable
in itself of furnishing 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; and if the' Registrar so require, the case
shall be verified by a statutory declaration on Form 18.
Case
accompanying
applica tion.
77. 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.
Proof of title.
78. (l) An application under regulation 73 or regulation 74
of these Regulations relating to an assignment on or after the
commencement of the Act 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, then the applicant
shall leave with the Registrar a copy of the Registrar's directions to advertise the assignment, obtained upon application
under section 26(4) of the Act and regulation 81 and such
proof, including copies of advertisements or otherwise as the
Registrar may require that his directions have been fulfilled;
and if the Registrar is not satisfied that the directions have
been fulfilled, he shall not proceed with the application.
Application
for entry of
assignment
without
goodwill.
(2) For the purposes of section 35(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 73 or 74 of these Regulations shall be six months from the date of advertisement in
the Journal 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 on Form 15 by the
applican t for registration of ti tie or the registered proprietor
as the case may be, at any time before or during the period for
which the extension can be allowed.