1989 Ed.]
Trade Marks Rules
[CAP. 43 A 17
[Subsidiary]
ASSIGNMENT AND TRANSMISSION (SECTIONS 41 TO 44)
40. Joint application for registration
of assignment or transmission
Where a person becomes entitled by assignment or transmission to a registered trade mark he may, conjointly with the registered proprietor, make application to the Registrar on Form TM-No. 13 to register his title.
(L.N. 256 of 1987)
41. Application by subsequent proprietor for registration
of assignment or transmission
Where a person becomes entitled to a registered trade mark in the manner referred to in rule 40, and no conjoint application as therein mentioned is made, he shall make application to the Registrar on Form TM-No. 14 to register his title.
(L.N. 256 of 1987)
42. Particulars to be stated in application
An application under rule 40 or 41 shall contain the name, trade or business address, nationality and description of the person claiming to be entitled, together with full particulars of the instrument, if any, under which he claims, and such instrument shall be produced to the Registrar for inspection, preferably at the time of application. The full names of all the partners in a partnership shall be given in the body of the application. The Registrar may in any case require and retain an attested copy of any instrument produced for inspection in proof of title, but such copy shall not be open to public inspection.
43. Case accompanying application
Where in the case of an application on Form TM-No. 13 or TM-No. 14 the person applying for registration of his title does not claim under any document or instrument which is capable in itself of furnishing proof of his title, he shall, unless the Registrar otherwise directs, either upon or with the application, state a case setting forth the full particulars of the facts upon which his claim to be proprietor of the trade mark is based, and showing that the trade mark has been assigned or transmitted to him. If the Registrar so requires, the case shall be verified by a statutory declaration on Form TM-No. 15.
(L.N. 256 of 1987)
1989 Ed.]
Trade Marks Rules
[CAP. 43 A 17
[Subsidiary]
ASSIGNMENT AND TRANSMISSION (SECTIONS 41 TO 44)
40. Joint application for registration
of assignment or transmission
Where a person becomes entitled by assignment or transmission to a registered trade mark he may, conjointly with the registered proprietor, make application to the Registrar on Form TM-No. 13 to register his title.
(L.N. 256 of 1987)
41. Application by subsequent proprietor for registration
of assignment or transmission
Where a person becomes entitled to a registered trade mark in the manner referred to in rule 40, and no conjoint application as therein mentioned is made, he shall make application to the Registrar on Form TM-No. 14 to register his title.
(L.N. 256 of 1987)
42. Particulars to be stated in application
An application under rule 40 or 41 shall contain the name, trade or business address, nationality and description of the person claiming to be entitled, together with full particulars of the instrument, if any, under which he claims, and such instrument shall be produced to the Registrar for inspection, preferably at the time of application. The full names of all the partners in a partnership shall be given in the body of the application. The Registrar may in any case require and retain an attested copy of any instrument produced for inspection in proof of title, but such copy shall not be open to public inspection.
43. Case accompanying application
Where in the case of an application on Form TM-No. 13 or TM-No. 14 the person applying for registration of his title does not claim under any document or instrument which is capable in itself of furnishing proof of his title, he shall, unless the Registrar otherwise directs, either upon or with the application, state a case setting forth the full particulars of the facts upon which his claim to be proprietor of the trade mark is based, and showing that the trade mark has been assigned or transmitted to him. If the Registrar so requires, the case shall be verified by a statutory declaration on Form TM-No. 15.
(L.N. 256 of 1987)
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