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[Subsidiary]
(3) Where some or all of the goods are struck out from those in
respect of which a trade mark is registered, the Registrar shall at the
same time strike them out from those specifications of registered users
of the trade mark in which they are comprised.
(4) The Registrar shall notify every cancellation or striking out
under this rule to the registered users whose permitted use is affected
thereby and the registered proprietor of the trade mark.
Extension of
time.
Hearing,
Extension of Time
102. If in any particular case the Registrar is satisfied that the
circumstances are such as to justify an extension of the time for doing
any act or taking any proceeding under these Rules, not being a time
expressly provided in the Act or prescribed by rule 76 or rule 80,
he may extend the time upon such notice to other parties, and
proceedings thereon, and upon such terms, as he may direct, and
the extension may be granted though the time has expired for doing
the act or taking the proceeding.
Discretionary Power
103. Before exercising adversely to any person any discretionary
power given to the Registrar by the Act or these Rules, the Registrar
shall, if so required, hear that person thereon.
Application for
hearing.
104. An application for a hearing shall be made within one month
from the date of notification by the Registrar of any objection to an
application or the date of any other indication that he proposes to
exercise a discretionary power.
Notice of
hearing.
105. (1) Upon receiving such application. the Registrar shall give
the person applying fourteen days' notice of a time when he may be
heard.
(2) Within seven days from the date when the notice would be
delivered in the ordinary course of post, the person applying shall
notify the Registrar whether or not he intends to be heard on the
matter, and if he intends to appear he shall file form TM -8 and pay
the prescribed fee thereon.
Notification
of decision.
106. The decision of the Registrar in the exercise of any such
discretionary power shall be notified to 'the person affeoted.
Dispensing with
evidence.
Amendments of
documents.
Power to Dispense with Evidence
107. Where under these Rules a person is required to do any
act or thing, or to> sign any document, or to make any declaration
on behalf of himself or of any body corporate, or any document or
evidence is required to be produced to or left with the Registrar, or at
the office, and it is shown to the satisfaction of the Registrar that from
any reasonable cause that person is unable to do the act or thing,
or to sign the document, or to make the declaration, or that the
document or evidence cannot be produced or left, the Registrar may,
upon the production of such other evidence,· and subject to such
terms as he may think fit, dispense with any such act or thing,
signature, declaration, document or evidence.
Amendments
-108. Any document or drawing or other representation of a trade
mark may be amended, and any irregularity in procedure which in
the opinion of the Registrar may be excused without detriment to the
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