proprietor of the mark in question it shall be accompanied by a copy of the application
and a copy of the statement, and these copies will be transmitted forthwith by the
Registrar to the registered proprietor.
67. Further procedure
Upon such application being made, and copy thereof transmitted to the
registered proprietor, if necessary, the provisions of Regulations 34 to 45 shall apply
mutatis mutandis to the further proceedings thereon; but the Registrar shall not rectify
the register or remove the mark from the register merely because the registered
proprietor has not filed a counter-statement. In any case of doubt any party may apply to
the Registrar for directions.
68. Intervention by third parties
(1) Any person other than the registered proprietor alleging interest in a
registered mark in respect of which an application is made on Form TM/SM 23 may
apply to the Registrar on Form TM/SM 24 for leave to intervene, stating thereon the
nature of his interest, and the Registrar may refuse or grant such leave, after hearing (if
so required) the parties concerned, upon such conditions and terms as he may deem fit.
(2) Subject to subsection (1) before dealing in any way with the application for
leave to intervene the Registrar may require the applicant to give an undertaking to pay
such costs as in the circumstances he may award to any party.
69. Application under section 39(1)
An application to the Registrar under section 39(1) for the alteration of the
register by correction, change, cancellation, or striking out goods, or for the entry of a
disclaimer or memorandum, may be made by the registered proprietor of the mark or by
such person as may satisfy the Registrar that he is entitled to act in the name of the
registered proprietor. Such applications shall be made on Form TM/SM 16, TM/SM 17,
TM/SM 18, TM/SM 19, TM/SM 20, TM/SM 21 or TM/SM 22, as may be appropriate; but,
an application on Form TM/SM 21 or TM/SM 20, or TM/SM 27 shall be signed by the
registered proprietor or other person entitled under this rule unless in exceptional
circumstances the Registrar otherwise allows, or, in the case of Form TM/SM 27 only, it
is signed by an agent expressly authorized for the purpose of such an application.
70. Evidence
In the case of an application made under regulation 69, the Registrar may require
such evidence by statutory declaration or otherwise as he may think fit as to the
circumstances in which the application is made.
71. Advertisements of certain application
Where application is made on Form TM/SM 21 to enter a disclaimer of
memorandum relating to a mark, the Registrar, before deciding upon such application,
shall advertise the application in the Trade and Service Marks Journal in order to enable
any person desiring so to do to state, within two months of the advertisement any
reasons in writing against the making of the entry of the disclaimer or memorandum.
72. Certificate of validity
Where the Court has certified as provided under section 51 with regard to the
validity of a registered mark, the registered proprietor thereof may request the Registrar
on Form TM/SM 29 to add to the entry in the register a note that the certificate of validity
has been granted in the course of the proceedings, which shall be named in the Form.
An office copy of the certificate shall be sent with the request, and the Registrar shall so
note the register and publish the note in the Trade and Service Marks Journal.
73. Alteration of registered mark
Where a person desires to apply under section 51 that his registered mark may
be added to or altered, he shall make his application in writing on Form TM/SM 30, and