CAP. 43]
[r. 75 cont.]
Alteration of trade mark.
Advertisement of alteration.
Application to rectify or remove a trade mark from the Register.
Ord. 33/47, Second Schedule,
Further procedure. Ord. 33/47, Second Schedule,
Trade Marks.
order to enable any person desiring to do so to state any reasons in writing against the applicant being allowed to make such disclaimer or enter such memorandum.
Applications under section 34.
76. Where a person desires to apply under section 34 of the Ordinance to alter a trade mark, he shall make his application in writing and shall furnish the Registrar with six copies of the mark as it will appear when altered.
77. Before proceeding with such application the Registrar shall advertise in the Gazette the fact that such application has been made. If no representation of the trade mark as altered is inserted in connexion with the advertisement, the applicant shall supply a detailed description of the alteration proposed and it shall be stated in the advertisement that a representation of the trade mark is deposited for inspection in the Registrar's office.
Application under section 35.
78. An application under section 35 shall be made in Form 20 in the Second Schedule 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. Where the application is made by a person who is not the registered proprietor of the trade mark in question, it shall be accompanied by an unstamped copy of the application and a copy of the statement, and these copies will be transmitted forthwith by the Registrar to the registered proprietor.
79. Upon such application being made, and copy thereof transmitted to the registered proprietor, if necessary, the provisions of rules 36 to 44 shall apply mutatis mutandis to the further proceedings thereon; but the Registrar shall not rectify the Register or remove the trade 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.
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