be sent to the registered proprietor of the trade mark, and shall be inserted
in the Patent Journal.
41.
An application in terms of section 38(8)(a) shall be made on Form TM7
and shall be accompanied by a statement of the grounds on which it is
made. If the application is made by the registered proprietor a copy of
the Form TM7 and the supporting statement shall be sent to any registered
user recorded against the trade mark and, if the application is made by
a registered user, copies shall likewise be sent to the registered
proprietor and to any other registered user.
42.
An application by the registered proprietor in terms of section 38(8)(b)
to maintain the entry of registered user on assignment shall be made on
Form TM 7 and shall be accompanied by(a) an affidavit confirming the facts set out in the Form TM7; or
(b) a certified copy of the licence agreement or agreements between the
parties which regulates their relationship.
43. Attachment and hypothecation
[Section 41]
(1) An attachment order in respect of a registered trade mark shall be
made on Form TM6 and served on the Registrar for endorsement in the register,
and copies of the order shall be served on the registered proprietor at
his address for service. Proof of service on the registered proprietor
shall be furnished to the satisfaction of the Registrar.
(2) An endorsement of attachment may be removed from the register on a
request made to the Registrar on Form TM6, accompanied by proof to the
satisfaction of the Registrar that the attachment may so be removed. Copies
of the order and Form TM6 shall be served on all interested parties appearing
from the register.
(3) The hypothecation of a registered trade mark by a deed of security
shall be endorsed in the register by application on Form TM6, accompanied
by the deed of security. The application shall be served on the registered
proprietor and any other person recorded in the register as having an
interest in the trade mark, and proof of service shall be furnished to
the satisfaction of the Registrar.
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