1989 Ed.]
Trade Marks Rules
[CAP. 43
A 29
[Subsidiary]
84. Notification and intervention
The Registrar shall notify in writing applications under rules 81, 82 and 83 to the registered proprietor and each registered user (not being the applicant) whose registration is the subject of any such application, and shall give notice thereof by advertisement in the Gazette. Any person who intends to intervene in the proceedings shall within 2 months of the publication of such advertisement give notice to the Registrar on Form TM-No. 49 to that effect and shall send therewith a statement of the grounds of his intervention. The Registrar shall thereupon send copies of such notice and statement to the other parties, so that the intervention may be known to the applicant, the registered proprietor, the registered user whose registration is in suit, and any other registered user who intervenes. Any such party may, within such time or times as the Registrar may appoint, leave evidence in support of his case, and the Registrar after giving the parties an opportunity of being heard may accept or refuse the application or accept it subject to any conditions, amendments, modifications or limitations he may think right to impose.
(L.N. 28 of 1964; L.N. 256 of 1987)
85. Application of registered user under section 50(2)
(1) Applications under section 50(2) shall be made on Form TM-No. 32, or TM-No. 33, or TM-No. 34, or TM-No. 38, as may be appropriate, by a registered user of a trade mark, or by such person as may satisfy the Registrar that he is entitled to 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. (L.N. 256 of 1987)
(2) In case of the registration of a registered user for a period, in accordance with section 58(3)(d), the Registrar shall cancel the entry of the registered user at the end of that period. 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. The Registrar shall notify every cancellation or striking out under this paragraph to the registered users whose permitted use is affected thereby and the registered proprietor of the trade mark.
DISCRETIONARY POWER (SECTION 74)
86. Hearing
Before exercising adversely to any person any discretionary power given to the Registrar by the Ordinance, or these rules, the Registrar shall, if so required, hear him on the subject.