1964_TRADE_MARKS_RULES — Page 37

1989 Ed.]

Trade Marks Rules

[CAP. 43

A 37

[Subsidiary]

107. Seal or signature of officer taking

declaration to prove itself

Any document purporting to have affixed, impressed or subscribed thereto or thereon the seal or signature of any person authorized by rule 106 to take a declaration in testimony that the declaration was made and subscribed before him, may be admitted by the Registrar without proof of the genuineness of the seal or signature or of the official character of the person or his authority to take the declaration.

SEARCH

108. Search to ascertain whether trade mark

resembling submitted mark is on record

(1) Any person may request the Registrar, on Form TM-No. 2, to cause a search to be made in respect of specified goods classified in any one class of Schedule 4 to ascertain whether any trade mark is on record at the date of the search which resembles a trade mark of which duplicate representations accompany the Form. The Registrar shall cause such a search to be made and the person making the request to be informed of the result thereof. (L.N. 256 of 1987)

(2) Any person may, on presentation of Form TM-No. 52----

(a) inspect or make a search in any one class of the register; or (b) inspect a notice of opposition, counter-statement or decision in connection with any opposition or application for rectification of the register relating to any particular trade mark. (L.N. 28 of 1964; L.N. 256 of 1987)

APPLICATIONS AND APPEALS TO THE COURT

109. Application or appeal to Court. Right of

defendant in action for infringement

(1) When any person intends to apply to the Court such application shall be made to the Court by notice of motion.

(2) When any person intends to appeal to the Court such appeal shall be made by notice of motion within 3 months from the date of the decision appealed against.

(3) When the Registrar decides to refer an application to the Court, the applicant shall apply to the Court within 3 months from the date of the decision so to refer, and unless he so applies he shall be deemed to have abandoned the application.

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