66
67
Rules to
apply as to
for
51. (1) These rules shall apply to such applications as they applications apply to applications for the registration of ordinary trade marks, except that the applicant shall not be deemed to have abandoned of ordinary his application if in the circumstances of rule 18 or rule 19 he
does not apply for a hearing or reply in writing.
registration
brade marks.
Саве: Draft regulations.
Advertise- ment of application.
(2) The address of an applicant to register a certification trade mark shall be deemed to be a trade or business address for all the purposes for which such an address is required by these rules,
62. The applicant shall send to the Registrar with his application or when required by the Registrar a case setting out the grounds on which he relies in support of his application together with draft regulations for governing the use of the mark on Form TM-No. 21, all being in duplicate. The Registrar may communicate to the applicant any observations he may have to make on the sufficiency of the case or the suitability of the draft regulations and the applicant may modify either of those documents. The Registrar may at any time call for such evidence, if any, as he thinks fit and shall, if required, hear the applicant before acting as provided in section 65(5). When the application has been accepted the approved regulations, as well as the form of application, shall be open to public inspection.
53. An application for the registration of a certification trade mark required to be advertised under section 66 shall be advertised by the applicant in one issue of the Gazette. The advertisement shall set forth all the conditions and limitations subject to which the application has been accepted.
Opposition 54. (1) Any person may within a period of two months from to applica- the date of the advertisement of an application for registration of tion.
a certification trade mark give notice in writing to the Registrar of opposition under section 66(1), The notice shall be on a franked Form TM-No. 6 and rules 23 to 34 shall apply to the proceedings thereon.
(2) Within the same period as is mentioned in paragraph (1) any person may give notice to the Registrar on a franked Form TM-No. 22 of opposition under section 66(2). Rules 23 to 34 shall apply mutatis mutandis to the proceedings on such notice of opposition with substitution of a franked Form TM-No. 23
for Form TM-No. 7, and of a franked Form TM-No. 24 for Form TM-No. 8. In any case of doubt any party may apply to the Registrar for directions.
65. An application by a registered proprietor of a certifica- Applica tion trade mark under section 68(1) for an alteration of the tion by
registered deposited regulations shall be made on a franked Form TM-No. proprietor Where the Registrar requires such an application to be for altera- advertised by the applicant in the Gazette the time within which regulations. any person may give notice to the Registrar of opposition to the application shall be two months from the date of the advertise-
25.
ment.
tion of
tion of
56. An application by an aggrieved person to the Registrar Rectifica under section 68(2) for the expunging or varying of an entry in certifica- the register of or relating to a certification trade mark, or for tion trade
mark varying the relevant deposited regulations, shall be made on a entries in franked Forin TM-No. 26, and shall include full particulars of register. the grounds on which the application is made.
Renewal of Registration (Sections 45 to 47).
57. At any time not more than three months before the Renewal of
registra- expiration of the last registration of a trade mark any person may tion. leave at the Registry a fee for the renewal of the registration of the mark upon a franked Form TM-No. 27, and, if he is not the registered proprietor, shall sign a statement on the Form that he is directed by the registered proprietor to pay the fee (if such be the case) and shall give his address. Before taking any further step the Registrar may either-
(a) require the person leaving the fee to furnish within ten days an authority to pay the fee signed by the registered proprietor, and if he does not furnish such authority may return the fee and treat it as not received; or
(b) communicate with the registered proprietor stating that the fee has been received and that the registration will in due course be renewed.
58. At a date not less than one month and not more than Notice
expiration
two months before the expiration of the last registration of a before mark, if no fee upon the Form TM-No, 27 has been received, of registra- the Registrar shall notify the registered proprietor in writing of tion. the approaching expiration.