IP/N/llKENfTll
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[Subsidiary]
83. Upon application being made, and copy thereof trans
mitted to the registered proprietor, if necessary, the provisions of rules
48 to 57 shall apply mutatis mutandis to 'th.e 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,
Further
procedure.
84. (1) Any person other than the registered proprietor alleging
interest in a registered trade mark in respect of which an application
is made in form TM 25 may apply to the Registrar in form TM 26
for leave to intervene, stating thereon the nature of his interest, and
the Registrar may refuse or grant leave, after hearing (if so required)
the parties concerned, upon such conditions and terms as he may
deem fit.
(2) Before dealing in any way with the application for leave to
intervene the Registrar: ,may require the applicant to give an under
taking to pay such costs as in the c;ircumstances he may award to 'any
party.
Intervention by
third parties.
Applications for Alteration of the Register by Correction, Change,
Cancellation or Striking out Goods or for Entry of Disclaimer,
Memorandum or Note (Section 37 (1))
85. (1) An application to the Registrar under subsection (1) 01
section 37 of the Act for the alteration of the' register by correc
tion, 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 may satisfy the Registrar that
be is entitled to act in the name of the registered proprietor.
(2) Such applications shall be made in form TM 17, TM 19,
TM 20, TM 21, TM 22, TM 23 or TMfi2, as may be appropriate;
but an application in form TM 21, TM 22 or TM 32 shall be signed
by .the registered proprietor or other person entitled under this rule
unless in exceptional circumstances the Registrar otherwise allows, or,
in the case of form TM 32 only, it is signed by an agent expressly
authorized for the purpose of such an application.
86. In the case of an application as in rule 85, the Registrar
may require such evidence by statutory declaration or otherwise as
he may think fit as to the circumstances in which the application is
made.
'Application
under
section 37 (1).
Evidence.
87.. Where application is made in form TM 23 to enter a dis , Advertisemen t
claimer or memorandum relating to a trade mark, the Registrar, before of certain
deciding upon such application, shall advertise the application in the applications .
Gazette in order to enable any person desiring so to do to state, within
one month or' the advertisement, any reasons in writing against the
making of the entry of the disclaimer or memorandum.
88. Where the court has certified under Section 47 of the Act
with regard to the validity of a registered trade mark, the regis
tered proprietor thereof may request the Registrar in form T1'l 47 to
add to the entry in the register a note that the. certificate of validity
has been granted -in the course of the proceedings, which shall be
namedin the form;' an office copy of the' certificate shall be sent with
the request, 'and the Registrar shall so note the register and publish the
note in the Gazette.
'
Certificates of
validity to be
noted.
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