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77. When the Registrar is satisfied as to the title of the person
claiming to be registered, he shall cause him to be registered as
proprietor of the trade mark in respect of the relevant goods, and
shall enter in the register his name, trade or business address and
description and particulars of the assignment or transmission.
Entry in register.
78. Where, pursuant to an application under rule 71 or rule 72,
and as the result of a division and separation of the goods of a
registration or a devision and separation of places or markets,
different persons become registered separately under the same
official number as subsequent proprietors of a trade mark, each of the
resulting separate registrations in the names of those different persons
shall be deemed to be a separate registration for all the .purposes of
the Act.
Separate
registrations.
79. (I) Any person who desires to obtain the Registrar's certificate
under subsection (5), or his notification of approval under subsection
(6), of section 25 of the Act shall send to the Registrar, with
his application in form TM 39, 40 or 29, as the case may be, a state
ment of case in duplicate setting out the circumstances, and a copy
of any instrument or proposed instrument effecting the assignment or
transmission.
(2) The Registrar may call for any evidence or further information
that he may consider necessary, and the statement of case shall be
amended if required to include all the relevant circumstances, and
shall if required by verified by a statutory declaration.
(3) The Registrar. after hearing if so required the applicant and
any other person whom the Registrar may consider to be interested in
the transfer, shall consider the matter and issue a certificate thereon or
a notification in writing of approval or 'disapproval thereof, as the case
may be.
e4) Where a statement of case is amended, two fair copies thereof
in its final form shall be left with the Registrar.
(5) The Registrar shall seal a copy of the statement of case in its
final form to the certificate or notification.
Registrar's
certificate of
approval as to
certain assign
ments and
transmissions.
80. (l) An application to the Registrar under subsection (7) of
section 25 of the Act shall be made by the assignee in form
TM 41, and shall state the date on which the assignment was made.
(2) The application shall give particulars of the registration in the
case of a registered trade mark, and, in the case of an unregistered
trade mark, shall show the mark and give particulars of the registered
trade mark that has been assigned therewith in accordance with sub
section (3) of section 25.
(3) The Registrar may call for any evidence or further informa
tion, and if he is satisfied with regard to the various matters he shall
issue directions in writing with respect to the advertisement of the
assignment.
(4) The Registrar may refuse to consider such an application in
a case to which subsection (6) of section 25 applies unless his
approval has been obtained under the said subsection and a reference
identifying the Registrar's notification of approval is included in the
application.
\
(5) A request to the Registrar for an extension of the period
within which the application may be made, which shall be in form
Registrar's
directions for
advertisement of
assignment
without good,
will of trade
mark in use.
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