1989 Ed.]

Trade Marks Rules

[CAP. 43

A 23

[Subsidiary]

62. Notice and advertisement of renewal and restoration

(1) Upon the renewal or restoration and renewal of a registration, a notice to that effect shall be sent to the registered proprietor and the renewal or restoration and renewal shall be advertised in the Gazette.

(2) If so requested by the registered proprietor the Registrar shall make an endorsement of the renewal on the certificate of registration.

RECTIFICATION AND CORRECTION OF REGISTER (SECTIONS 37, 48, 49, 50 AND 57)

63. Application to rectify or remove a trade mark from the register

An application to the Registrar under any of the sections 37, 48, 49, 50 or 57 for the making, expunging or varying of any entry in the register shall be made on Form TM-No. 30, 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 2 copies of the application and 2 copies of the statement, and the Registrar shall forthwith send these copies to the registered proprietor at his trade or business address as entered in the register, and, if an address for service different therefrom is entered in the register, at that address also.

(L.N. 28 of 1964; L.N. 256 of 1987)

64. Procedure on receipt of application

Upon such application being made, and copy thereof transmitted to the registered proprietor, if necessary, the provisions of rules 24 to 31 and 34 shall apply mutatis mutandis to the further proceedings thereon; but the Registrar shall not rectify the register or remove the mark from the register for the sole reason that the registered proprietor has not filed a counter-statement. In any case of doubt any party may apply to the Registrar for directions.

65. Intervention by third parties

Any person other than the registered proprietor alleging interest in a registered trade mark in respect of which an application is made on Form TM-No. 30 may apply to the Registrar on Form TM-No. 31 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. Before dealing in any way

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