82
[Subsidiary]
CAP. 506
Trade Marks
[Rev. 2009
shall alter the register accordingly.
(4) In the case of the alteration of the address of a person entered in
the register as the address for service of more than one registered proprietor
or registered user of trade marks, the Registrar may, on proof that the address
is the address of the applicant and if satisfied that it is just to do so, accept an
application from that person in form TM 32 amended so as to suit the case for
the appropriate alteration of the entries of his address as the address for service
in the several registrations, particulars of which shall be given in the form, and
may alter the entries accordingly.
(5) All applications under this rule in form TM 32 shall be signed by the
registered proprietor or the registered user, as the case may be, or by an agent,
expressly authorized by him for the purpose of such an application, unless in
exceptional circumstances the Registrar otherwise allows.
Applications to the Registrar for Rectification
(Sections 29, 30, 35 and 36)
Application to rectify
or remove a trade
mark from the
register.
L.N. 146/2003.
82. (1) An application to the Registrar under any of the sections 29, 30,
35 and 36 of the Act for the making, expunging or varying of any entry in the
register shall be made in form TM 25 and shall be accompanied by a statement
setting out fully the nature of the applicant’s interest, the facts upon which he
bases his case and the relief which he seeks.
(2) The application shall be accompanied by a copy of the application
and a copy of the statement and the Registrar shall forthwith transmit the copies
to the registered proprietor.
Further procedure.
L.N. 146/2003.
83. Rules 48 to 57 shall apply with respect to the further proceedings
relating to an application in form TM 25, with necessary modifications and with
the following specific modifications(a) references to the applicant shall be deemed to be references to
the registered proprietor and references to the opponent shall be
deemed to be references to the person making the application
under rule 25;
(b) the Registrar shall not rectify the register or remove the mark from
the register merely because the registered proprietor has not filed
a counterstatement.
Intervention by third
parties.
84. (1) Any person other than the registered proprietor alleging interest
in a registered trade mark in respect of which an application is made in form
TM 25 may apply to the Registrar in form TM 26 for leave to intervene, stating
thereon the nature of his interest, and the Registrar may refuse or grant leave,
after hearing (if so required) the parties concerned, upon such conditions and
terms as he may deem fit.
(2) 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.