a copy of any instrument or proposed instrument effecting the assignment
or transmission. The Registrar may call for any evidence that he may consider
necessary and the statement of case, if required, shall be verified by
an affidavit. The Registrar may hear the applicant and any other interested
person. The Registrar shall consider the matter and issue a certificate
thereon or a notification in writing of disapproval thereof, as the case
may be. The Registrar shall bind and seal a copy of the statement of case
to the certificate or notification.
38. Substitution of applicants
[Sections 39 or 46(2)]
(1) Notwithstanding anything contained in these regulations and subject
to section 39(5) of the Act, any person may apply on Form TM6 for a
substitution of applicant in respect of a trade mark which is the subject
of a pending application for registration; and the Registrar may, if
satisfied that there is good reason to grant the application, approve
of the substitution subject to such conditions as he deems necessary.
(2) The application to substitute a body corporate in terms of section
46(2) of the Act for another applicant in the case of a pending application
shall likewise be made on Form TM6 and dealt with in terms of subregulation
(1) of this regulation.
39. Registered users
[Section 38]
An application to the Registrar for the registration under section 38(6)
of the Act of a person as a registered user of a registered trade mark,
shall be made by the registered proprietor on Form TM7 and shall be
accompanied by(a) an affidavit executed by or on behalf of the proprietor confirming
the particulars set out in Form TM7; or
(b) a certified copy of the licence agreement regulating the use of the
trade mark and the relationship between the parties.
40.
The date of an entry of a registered user in the register shall be the
date on which the application for registration as a registered user was
made. In addition to the address of the registered user, the application
shall include the address for service of the registered user which may
be the same, or different to, that of the registered proprietor. A
notification, in writing, of the registration of a registered user shall
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