IP/N/l/NGA/T/2
Page 28
Further
procedure.
Intervention
by third
parties.
84. Upon such application being made and copy thereof
transmitted to the registered proprietor, if necessary, the
provisions of regulations 50 to 59 of these Regulations shall
apply with the necessary modifications to the further
proceedings thereon; but the Registrar shall not rectify the
register or remove the mark from the register merely because
the registered proprietor has not filed a counter-statement,
and in any case of doubt any party may apply to the Registrar
for directions.
85. Any person other than the registered proprietor
alleging interest in a registered trade mark in respect of which
an application is made on Form 27 may apply to the Registrar
on Form 28 for leave to intervene, stating thereon 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. 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 costs as in the circumstances he may award to any
party.
Applications for alteration of the Register by correction,
change, cancellation or striking out goods, or for entry
of disclaimer, memorandum or note
(Section 40(1))
86. An application to the Registrar under section 40(1) of
the Act for the alteration of the register by correction, change,
cancellation, or striking out goods, or for the entry of a
disclaimer or memorandum, may be made by the registered
proprietor of the trade mark or by such person as he may
satisfy the Registrar that he is entitled to act in the name of
the registered proprietor. Such applications shall be made on
Forms 19,21, 22, 23, 24, 25 and 33 as may be appropriate; but
an application on Form 23 or 24 or 33 shall be signed by the
registered proprietor or other person entitled under this
Regulation unless in exceptional circumstances the Registrar
otherwise allows, or, in the case of Form 33 only, it is signed
by an agent expressly authorised for the purpose of such an
application.
87. In the case of an application as in the last foregoing
Regulation, the Registrar may require such evidence by a
statutory declaration or otherwise as he may think fit as to the
circumstances in which the application is made.
Application
under section
40(1).
Evidence.