I PIN!l1N GA/T /2
Page 32
102. Applications under section 40(2) of the Act shall be Reg~stcred
made on Form 19 or Form 21 or Form 22 or Form 33 as may ~~~li~ation
be appropriate, by a registered user of a trade mark, or by under section
such person as may satisfy the Registrar that he is entitled to 40(2).
act in the name. of a registered user; and 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.
103. (1) In case of the registration of a registered user for
a period, in accordance with section 34(1)(d) of the Act, the
Registrar shall cancel the en try of the registered user at the end
of the period.
Cancellation
by registrar.
(2) Where some or all of the goods are struck out from
those in respect of which a trade mark is registered, the
Registrar shall at the same time strike them out from those
specifications of registered users of the trade mark in which
they are comprised.
(3) The Registrar shall notify every cancellation or striking
out under this section to the registered users whose permitted
use is affected thereby and the registered proprietor of the
trade mark.
Extension of Time
104. If in any particular case the Registrar is satisfied that
the circumstances are such as to justify an extension of the
time for doing any act or taking any proceeding under these
Regulations not being a time expressly provided in the act or
prescribed by regulation 78 or 81 of these Regulations, he may
extend the time upon such notice to other parties, and
proceedings thereon, and upon such terms as he may direct,
and the extension may be granted though the time has expired
for doing the act or taking the proceedings.
Extension of
time.
105. Whenever the last day fixed by the Act or by these
Regulations for doing any act or thing at the office shall fall
on a day when the office is not open which day shall be an
excluded day for the purposes of the Act and these
Regulations, it shall be lawful to do the act or thing on the first
day following such excluded day which is not an excluded day.
Excluded
days.
Discretionary Power
Hearing.
106. Before exercising adversely to any person any
discretionary power given to the Registrar by the Act or these
Regulations, the Registrar shall, if so required, hear such
person thereon.