(4) The endorsement of the hypothecation may be removed from the register
on application to the Registrar on Form TM6, accompanied by such proof
of the termination of the hypothecation as the Registrar may require.
Copies of the Form TM6 and said proof shall be served on all interested
parties appearing from the register.
44. Amendment of register of application
[Section 16(5) or 23 or 46(1)]
(1) Applications under section 16(5) or 46(1) or 23 of the Act, as the
case may be, to the Registrar may be made by the applicant, or the registered
proprietor or registered user or, where the registered proprietor or
registered user is a company in liquidation, by the liquidator and in
other cases by such person as the Registrar may decide to be entitled
to act in the name of the registered proprietor or the registered user.
The application may be made on Form TM2.
(2) Where such application is made, the Registrar may require any evidence
on affidavit or sworn declaration or otherwise as he may think fit as
to the circumstances in which the application is made.
(3) An application to the Registrar under section 23 of the Act for the
correcting of any entry in the register shall, if so required by the Registrar,
be accompanied by a statement of case setting out fully the nature of
the applicant’s interest, the facts upon which he based his case and the
relief which he seeks.
(4) Where application is made to enter a disclaimer or memorandum relating
to a trade mark, the Registrar, before deciding upon such application,
may direct that the application be advertised once in the Patent Journal
in order to enable any person desiring so to do to object thereto. The
provisions of section 21 and the regulations relating thereto shall mutatis
mutandis apply.
45. Alteration of mark
[Section 25]
Where a person desires to apply under section 25 of the Act to alter or
add to a trade mark, he shall make his application, in writing, on Form
TM2 and shall furnish the Registrar with two copies of the mark as it
will appear when altered.
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