IP/N/l/NGA/T/2
Page 31
(3) Notification in writing of the registration of a registered
user shall be sent to the registered proprietor of a trade mark,
and to the said registered user, and shall be inserted in the
Journal.
Registered
proprietors
applica tion
to vary entry,
Application
by registered
proprietor or
user to cancel
entry.
Application
under section
34(5)(e) to
cancel entry.
Notification
and hearing.
98. An application by the registered proprietor of a trade
mark for the variation of the registration of a registered user
of that trade mark under section 34(5)(a) of the Act shall be
made on Form 48 and shall be accompanied by a statement
of the grounds on which it is made, and, where the registered
user in question consents, by the written consent of that
registered user.
99. An application by the registered proprietor or any
registered user of a trade mark for the cancellation of the
registration of a registered user of that trade mark under
section 34(5)(b) of the Act shall be made on Form 49 and shall
be accompanied by a statement of the grounds on which it is
made.
100. An application by any person for the cancellation of
the registration of a registered user under section 34(5)(c) of
the Act shall be made on Form 50 and shall be accompanied
by a statement of the grounds on which it is made.
101. (1) The Registrar shall notify in writing applications
under regulations 98, 99 and 100 of these Regulations to the
registered proprietor and each registered user (not being the
applicant) whose registration is the subject of any such
application and shall give notice thereof by advertisement in
the Journal. Any person who intends to intervene in the
proceedings shall within one month of the publication of such
advertisement give notice to the Registrar on Form 51 to that
effect and shall send therewith a statement of the grounds of
his intervention.
(2) The Registrar shall thereupon send copies of such
notice and statement to the other parties, so that the
intervention may be known to the applicant, the registered
proprietor, the registered user whose registration is in suit and
any other registered user who intervenes.
(3) Any such party may, within such time or times as the
Registrar may appoint, leave evidence in support of his case,
and the Registrar after giving the parties an opportunity of
being heard, may accept or refuse the application or accept it
subject to any conditions, amendments, modifications or
limitations he may think right to impose.