A 18
CAP. 43]
Trade Marks Rules
[1989 Ed.
[Subsidiary]
44. Proof of title
The Registrar may call on any person who applies to be registered as proprietor of a registered trade mark for such proof or additional proof of title as he may require for his satisfaction.
45. Application for registration of assignment without goodwill
(1) An application under rule 40 or 41 relating to an assignment, on or after the date of the commencement of the Ordinance, of a trade mark in respect of any goods shall state-
(a) whether the trade mark was, at the time of the assignment, used in a business in any of those goods; and
(b) whether the assignment was made otherwise than in connection with the goodwill of that business,
and, if both these circumstances subsisted, then the applicant shall leave with the Registrar a copy of the Registrar's directions to advertise the assignment, obtained upon application under section 41(6) and rule 49, and such proof, including copies of advertisements or otherwise, as the Registrar may require that his directions have been fulfilled; and if the Registrar is not satisfied that the directions have been fulfilled, he shall not proceed with the application.
(2) For the purposes of section 18(3) the period within which a corporation may be registered as the subsequent proprietor of a registered trade mark upon application made under rule 40 or 41 shall be 6 months from the date on which the trade mark was entered in the register or such further period not exceeding 6 months as the Registrar may allow, on application being made to him on Form TM No. 16 by the applicant for registration of title or the registered proprietor, as the case may be, at any time before or during the period for which the extension can be allowed. (L.N. 256 of 1987)
1
46. Entry in register
(1) When the Registrar is satisfied as to the title of the person claiming to be registered, he shall cause him to be registered as proprietor of the trade mark in respect of the relevant goods, and shall enter in the register his name, trade or business address, nationality and description, and particulars of his assignment or transmission.
(2) If so requested by the registered proprietor the Registrar shall make an endorsement of the assignment or transmission on the certificate of registration.
A 18
CAP. 43]
Trade Marks Rules
[1989 Ed.
[Subsidiary]
44. Proof of title
The Registrar may call on any person who applies to be registered as proprietor of a registered trade mark for such proof or additional proof of title as he may require for his satisfaction.
45. Application for registration of
assignment without goodwill
(1) An application under rule 40 or 41 relating to an assignment, on or after the date of the commencement of the Ordinance, of a trade mark in respect of any goods shall state-
(a) whether the trade mark was, at the time of the assignment, used
in a business in any of those goods; and
(b) whether the assignment was made otherwise than in connection
with the goodwill of that business,
and, if both these circumstances subsisted, then the applicant shall leave with the Registrar a copy of the Registrar's directions to advertise the assignment, obtained upon application under section 41(6) and rule 49, and such proof, including copies of advertisements or otherwise, as the Registrar may require that his directions have been fulfilled; and if the Registrar is not satisfied that the directions have been fulfilled, he shall not proceed with the application.
(2) For the purposes of section 18(3) the period within which a corporation may be registered as the subsequent proprietor of a registered trade mark upon application made under rule 40 or 41 shall be 6 months from the date on which the trade mark was entered in the register or such further period not exceeding 6 months as the Registrar may allow, on application being made to him on Form TM--No. 16 by the applicant for registration of title or the registered proprietor, as the case may be, at any time before or during the period for which the extension can be allowed. (L.N. 256 of 1987)
1
46. Entry in register
(1) When the Registrar is satisfied as to the title of the person claiming to be registered, he shall cause him to be registered as proprietor of the trade mark in respect of the relevant goods, and shall enter in the register his name, trade or business address, nationality and description, and particulars of his assignment or transmission.
(2) If so requested by the registered proprietor the Registrar shall make an endorsement of the assignment or transmission on the certificate of registration.
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