Trade Marks [CAP. 401 (3) Subject to any agreement subsisting between the parties, a registered user of a trade mark shall be entitled to call upon the pro­ prietor thereof to take proceedings to prevent infringement thereof and, if the proprietor refuses or neglects to do so within two months after being so called upon, the registered user may institute proceed­ ings for infringement in his own name as if he were the proprietor, making the proprietor a defendant. A proprietor so added as defen­ dant shall not be liable for any costs unless he enters an appearance and takes part in the proceedings. (4) Where it is proposed that a person should be registered as a registered user of ~.Jr~d.eJ!larJc.. the proprietor and the proposed reg­ istered user must apply in writing to the Registrar in the prescribed manner and must furnish him with an affidavit or a solemn declara­ tion made by the proprietor or by some person authorised to act on his behalf and approved by the Registrar­ (a) giving particulars of the relationship existing or proposed between the proprietor and the proposed registered user, including particulars showing the degree of control by the proprietor over the permitted use which their relationship will confer and whether it is a term of their relationship that the 'proposed registered user shall be the sole registered user or that there shall be any other restriction as to persons for whose registration as registered users application may be made; (b) stating the,goods in respect of which registration is pro­ posed; (c) stating any conditions or restrictions proposed with respect to the characteristics of the..goods.ro the mode or place of permitted use or to any other matter; and (d) stating whether the permitted use is to be for a period or without limit of period and, if for a period, the duration thereof; and with such further documents, information or evidence as may be required under the regulations or by the Registrar. (5) When the requirements of subsection (4) have been complied with, if the Registrar, after considering the information furnished to him under that subsection, is satisfied that in all the circumstances the use of the trade marK1I!.~~!~p()~J.QJb.e'pro1?Q~¢ .,go¢s .Q!..~Y_of them by the proposed registered user, subject to any conditions or restrictions which the Registrar thinks proper, would not be contrary to the public interest, the Registrar may register the proposed regis­ tered user as a registered user in respect of the goQds..as to which he is so satisfied subject as aforesaid. (6) The Registrar shall refuse an application under the foregoing provisions of this section if it appears to him that the grant thereof would tend to facilitate trafficking in a trade mark. ----._._-'' ' -­ 29