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(Subsidiary1
Dedsionof
Registrar.
34. (1) The decision of the Registrar, at a hearingunder rule 32
or rule 33, or without a hearing if 'the applicant has duly com
municated his' considered objections or considered Teply, in writing,
and has stated that he does not desire to be heard, shall be com
municated to the applicant in writing, and If ·the applicant objects
to the decision he may within one month, by applying in form TM 4,
require the Registrar to state in writing the grounds of, and the
materials used by him in arriving at, his decision.
(2) rna case where the Registrar makes any requirements to which
the applicant does not object. the applicant shall comply therewith
before the Registrar issues the statement in writing; and the' date
when the statement is sent to the applicant shall be deemed to be
the date of the Registrar's decision for the. purpose of appe~1.
Disclaimer.
35. The Registrar may call on an applicant to insert in his applica
tion such disclaimer as the. Registrar may think fit, in order that
the 'public generally may understand what the applicant's rights, if his
mark is registered, will be.
Application
under
section 30.
,Application
under
section 40.
Authorization
to proceed.
Case ; draft
regulations.
Defensive Trade Marks
36. (1): An application for the registration of a defensive trade
mark under section 30 of the Act shall be made, addressed and,
sen t to the Registrar in form TM 3 l , and shall be ..accompanied by "
statement of. case setting forth full particulars of tke facts on which
the applicant relies in support of his application, verified by a statutory
declaration made by the applicant or some other person approved for
the purpose' by the Registrar.
(2) The applicant may send with this declaration, or subsequently,
such other evidence as he may desire to furnish, whether after request
made by the Registrar or otherwise. and the Registrar shall consider
the whole of the evidence before deciding on the application.
(3) In all other respects, ~nd where they are appropriate and it
is not otherwise stated, these Rules shall apply to such applications as
they apply to applications for the registration of ordinary trade marks.
Certification Trade Marks'
37. An application for the registration of a certification trade
'mark under section 40 of the Act shall be made to the Registrar
in form TM 5, and shall be accompanied by two duplicates' of the
application in that form, and' by six additional representations of the
trade mark in form TM 3.
. 38. These Rules shall apply Ito applications under rule 37 as they
apply' to applications for the registration' of ordinary trade marks,
except that the applicant shall not be deemed to have abandoned his
application if in the circumstances of rule 32 or rule 33 he does not
apply for a hearing or reply in writing.
39. (1) The applicant shall send to the Registrar with his applica
tion or when required by the Registrar a case setting out the grounds
on which he relics in support of his application together with draft
regulations for governing the use of the mark and form TM 33, all
being in duplicate.
(2) The Registrar may communicate .to the applicant any obser
vations he may have to make on the sufficiency of the case or the
'suitability of the draft regulations and the applicant may modify either
of those documents.
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