Where, at the expiration of one month from the date of expiration of the mark the
fees therein mentioned have not been paid, the Registrar may remove the mark from the
register as of the date of the expiration of the last registration, but may, upon payment of
the renewal fee upon Forms TM/SM 9 and TM/SM 10 together with a restoration fee
upon Form TM/SM 11, restore the mark to the register if satisfied that it is just so to do,
and upon such conditions as he may think fit to impose.
55. Recordal of removal of a mark
Where a mark has been removed from the register, the Registrar shall cause to
be entered in the register a record of the removal and of the cause thereof and a notice
to that effect shall be published in the Trade and Service Marks Journal.
56. Notice and advertisement of renewal and restoration
Upon the renewal or restoration and renewal of a registration, a notice to that
effect shall be sent to the registered proprietor and the renewal or restoration and
renewal shall be advertised in the Trade and Service Marks Journal.
57. Joint application for entry of assignment or transmission
Where a person becomes entitled by assignment or transmission to a registered
mark he may, conjointly with the registered proprietor, make application to the Registrar
on Form TM/SM 12 to register his title.
58. Application for entry of assignment or transmission by subsequent
proprietor
Where a person becomes entitled to a registered mark in the manner referred to
in the Register and no conjoint application as therein mentioned is made, he shall make
the application to the Registrar on form TM/SM 13 to register his title.
59. Particulars to be stated in application
An application under regulation 57 or regulation 58 shall contain the name, trade
or business address and description of the person claiming to be entitled, together with
full particulars of the instrument, if any, under which he claims and such instrument shall
be produced for inspection by the partners in a partnership shall be given in the
application. The Registrar may in any case require and retain an attested copy of any
instrument produced for inspection in proof of title, but such copy shall not be open to
public inspection.
60. Case accompanying application
Where in the case of an application on Form TM/SM 12 or Form TM/SM 13 the
person applying for registration of his title does not claim under any document or
instrument which is capable in itself of furnishing proof of his title, he shall, unless the
Registrar otherwise directs, either upon or with the application, state a case setting forth
the full-particulars of the facts on which his claim to be the proprietor of the mark is
based, and showing that the mark has been assigned or transmitted to him. If the
Registrar so require, the case shall be verified by a statutory declaration on Form
TM/SM 14.
61. Proof of title
The Registrar may call on any person who applies to be registered as proprietor
of a registered mark for such proof or additional proof of title as he may require for his
satisfaction.
62. Application for entry of assignment without goodwill
An application under regulation 57 or regulation 58 relating to an assignment of a
mark in respect of any goods or services shall state–
(a) whether the mark was, at the time of the assignment, used in business in any of
those goods; and
(b) whether the assignment was made otherwise than in connection with goodwill