IP/N/1/KENffll
Page 69
[Subsidiary]
96. (l) The entry of a registered user in the register shall state
the date on which it was made; and in addition to the trade or business
address of the registered user it may include an address for service, if
an application by him in form TM 32.therefor has been approved.
(2) A notification in writing of the' registration of a registered user
shall be sent to .the registered proprietor of the trade mark, to the
registered user and to every other registered user whose name is entered
·in relation to the same registration of a trade mark, and shall be
inserted in the Gazette.
Entry and
notification.
97. 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 paragraph (a) of subsection (8) of section 31 of the Act
shall be made on form TM 49, and shall be accompanied by a
statement of the grounds on which it is made and, where the regis
tered user in question consents, by the written consent of that
registered user.
Registered
proprietor's
application
to vary entry.
98. An application by the registered proprietor or any registered
user of a trade mark for the cancellation of the registration of a regis
tered user of that trade mark under paragraph (b) of subsection (8) of
section 31 of the Act shall be made in form TM 50, and shall
be accompanied by a statement of the grounds on which it is made.
Application by
registered
proprietor or
user to cancel
entry.
99. An application by any person for the cancellation of the
registration of a registered user under paragraph (c) of subsection (8)
of section 31 of the Act shall be made in form TM 51, and shall
be accompanied by a statemen t of the grounds on which it is made.
Application by
any person
to cancel entry.
100. (1) The Registrar shall notify in writing applications under
rules 97, 98 and 99 to the registered proprietor and each registered
user (not being .the applicant) under the registration of the trade mark.
(2) Any person so notified who intends to intervene in the pro
ceedings shall, within one month of the receipt of the notification,
give' notice to the Registrar in form TM 52 to that effect. and shall
send therewith a statement of the grounds of his intervention: and the
Registrar shall thereupon send copies of such notice and statement to
the other parties, so that the intervention may be known to the appli
cant. 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. amend
ments, modifications or limitations as he may think right to impose.
'Notifica tion
and hearing.
101. (1) Applications under subsection (2) of section 37 of the
Act shall be made in form TM 17, Tivl 19, TM 20 or TM 32,
as may be appropriate. by a registered user of a trade mark, or by
such person as may satisfy the Registrar that he is entitled to act in
the name of a registered user; and 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.
(2) Tn case of the registration of a registered user for a period. in
accordance with paragraph (d) of subsection (4) of section 32 of the
Act, the Registrar shall cancel the entry of the registered user at
the end of the period.
Registered
user's
application to
correct error
or enter change.
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