IPIN/l/KENrr/1
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[~ubsidiarJ ]
Application for
entry oJ assign
ment or trans
mission by
subsequent
proprietor.
Particulars to be
stated in
application.
72. Where a person becomes- entitled to a registered trade mark
In the manner referred to in rule 71, and no conjoint application
as therein mentioned is made, he shall make application to the
Registrar in form TM 15 ito register his title.
73. (1) An application under rule 71 or rule 72 shall contain
the name, trade or business address and description of the person
claiming to be entitled, together with full particulars of the instru
ment, if any, under which he claims, and the instrument shall
be produced for inspection by the Registrar, preferably
the time of
application.
(2) The full names of all the partners in a partnership shall be
given in the body of the application.
(3) The Registrar may in any case require and retain an attested
copy of any instrument produced for inspection in proof of title, but
that copy shall not be open to public inspection.
at
Case
accompanying
application.
74. Where in the case of an application in form T M 1.4 or form
TM 15 the person applying for registration of his title does not claim
under any document or instrument which is capable in itself of furnish
ing proof of his title, be 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 bas been assigned
or transmitted to ·him; and if .the Registrar so requires, the case shall
be verified by a statutory declaration in form TM 16.
Proof of title.
75. 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.
Application for
entry .of assign
ment without
aoodwill.
76. (l) An application under rule '71 or rule 72 relating to an
assignment on or after the appointed day 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 connexion
with the goodwill of that business;
and, if both those circumstances subsisted, the applicant shall leave with
the Registrar a copy of the Registrar's directions to advertise the assign
ment, obtained upon application under subsection (7) of section 25 of
the Act and rule 80 of these Rules, 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.
.
(2) For the purposes of subsection (4} of section 32 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 rule 71 or rule 72, shall be six months from the date
. of advertisement in the Gazette 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 in form TM 13 by the
applicant for registration of title or the registered proprietor, as the
case may be, at any time before or during the period for' which the
extension can be allowed.
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