1989 Ed.]
Trade Marks Rules
[CAP. 43
A 27
[Subsidiary]
statement in duplicate showing how the proposed conversion would be contrary to section 54(2). (L.N. 256 of 1987)
(2) The Registrar shall send the duplicate copies to the registered proprietor, who shall, within 1 month from the date of the Registrar's letter sending such duplicates, send to the Registrar a counter-statement setting out fully the grounds on which the opposition is contested. The counter-statement shall be accompanied by a duplicate, which the Registrar shall forthwith send to the opponent.
(3) The Registrar may then require or admit evidence directed to the questions in issue, and if so desired by either party he shall, before deciding the matter, give the parties an opportunity of being heard thereon.
77. Conversion of specification
(1) When a proposal for the conversion of a specification in accordance with rule 75 has been advertised and has not been opposed, and the time for notice of opposition has expired, or having been opposed the opposition has been determined and a conversion allowed, the Registrar shall make all the entries in the register necessary to give effect to the conversion in accordance with the proposal as advertised, or the proposal as amended after opposition or appeal thereon, and shall enter in the register the date when such entries were made.
(2) For the purpose of determining the next renewal of a registration the specification of which has been so converted the expression "the expiration of the last registration” shall have regard to the same date as it had, in accordance with section 45, with regard to the registration before conversion.
DEFENSIVE TRADE MARKS (SECTIONS 55 TO 57)
78. Application under section 55
An application for the registration of a defensive trade mark under section 55 shall be made to the Registrar on Form TM-No. 44, and shall be accompanied by a statement of case setting forth full particulars of the facts on which the applicant relies in support of his application, verified by a statutory declaration made by the applicant or some other person approved for the purpose by the Registrar. The applicant may send with this declaration, or subsequently, such other evidence as he may desire to furnish, whether after request made by the Registrar or otherwise, and the Registrar shall consider the whole of the evidence before deciding on the application. In all other respects, and where they are appropriate and it is not otherwise stated, these rules shall apply to such applications as they apply to applications for the registration of ordinary trade marks.
(L.N. 256 of 1987)
1989 Ed.]
Trade Marks Rules
[CAP. 43
A 27
[Subsidiary]
statement in duplicate showing how the proposed conversion would be contrary to section 54(2). (L.N. 256 of 1987)
(2) The Registrar shall send the duplicate copies to the registered proprietor, who shall, within 1 month from the date of the Registrar's letter sending such duplicates, send to the Registrar a counter-statement setting out fully the grounds on which the opposition is contested. The counter-statement shall be accompanied by a duplicate, which the Registrar shall forthwith send to the opponent.
(3) The Registrar may then require or admit evidence directed to the questions in issue, and if so desired by either party he shall, before deciding the matter, give the parties an opportunity of being heard thereon.
77. Conversion of specification
(1) When a proposal for the conversion of a specification in accordance with rule 75 has been advertised and has not been opposed, and the time for notice of opposition has expired, or having been opposed the opposition has been determined and a conversion allowed, the Registrar shall make all the entries in the register necessary to give effect to the conversion in accordance with the proposal as advertised, or the proposal as amended after opposition or appeal thereon, and shall enter in the register the date when such entries were made.
(2) For the purpose of determining the next renewal of a registration the specification of which has been so converted the expression "the expiration of the last registration” shall have regard to the same date as it had, in accordance with section 45, with regard to the registration before conversion.
DEFENSIVE TRADE MARKS (SECTIONS 55 TO 57)
78. Application under section 55
An application for the registration of a defensive trade mark under section 55 shall be made to the Registrar on Form TM-No. 44, and shall be accompanied by a statement of case setting forth full particulars of the facts on which the applicant relies in support of his application, verified by a statutory declaration made by the applicant or some other person approved for the purpose by the Registrar. The applicant may send with this declaration, or subsequently, such other evidence as he may desire to furnish, whether after request made by the Registrar or otherwise, and the Registrar shall consider the whole of the evidence before deciding on the application. In all other respects, and where they are appropriate and it is not otherwise stated, these rules shall apply to such applications as they apply to applications for the registration of ordinary trade marks.
(L.N. 256 of 1987)
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