86
[Subsidiary]
CAP. 506
Trade Marks
[Rev. 2009
grounds on which it is made.
Application by any
person to cancel
entry.
99. An application by any person for the cancellation of the registration
of a registered user under paragraph (c) of subsection (8) of section 31 of the
Act shall be made in form TM 51, and shall be accompanied by a statement of
the grounds on which it is made.
Notification and
hearing.
L.N. 146/2003.
100. The Registrar shall notify in writing applications under rules 97,
98 and 99 to the registered proprietor and each registered user (not being the
applicant) under the registration of the trade mark.
(2) Any person so notified who intends to intervene in the proceedings
shall, within thirty days of the receipt of the notification, give notice to the
Registrar in form TM 52 to that effect, and shall send therewith a statement of
the grounds of his intervention; and the Registrar shall thereupon send copies
of such notice and statement to the other parties, so that the intervention may
be known to the applicant, the registered proprietor, the registered user whose
registration is in suit and any other registered user who intervenes.
(3) Any such party may, within such time or times as the Registrar may
appoint, leave evidence in support of his case, and the Registrar, after giving
the parties an opportunity of being heard, may accept or refuse the application
or accept it subject to any conditions, amendments, modifications or limitations
as he may think right to impose.
Registered user’s
application to correct
error or enter change.
L.N. 42/1995,
L.N. 146/2003.
101. (1) Applications under subsection (2) of section 37 of the Act shall
be made in form TM 17, TM 19, TM 20 or TM 32, as may be appropriate, by a
registered user of a trade mark, or by such person as may satisfy the Registrar
that he is entitled to act in the name of a registered user; and the Registrar may
require such evidence by statutory declaration or otherwise as he may think fit
as to the circumstances in which the application is made.
(1A) For greater certainty, form TM 20 may be used to apply to change the
name of a registered user if the registered user merges with another corporation
and the corporation resulting from the merger has a different name.
(2) In case of the registration of a registered user for a period, in
accordance with paragraph (d) of subsection (4) of section 31 of the Act, the
Registrar shall cancel the entry of the registered user at the end of the period.
(3) Where some or all of the goods or services are struck out from those
in respect of which a trade mark is registered, the Registrar shall at the same
time strike them out from those specifications of registered users of the trade
mark in which they are comprised.
(4) The Registrar shall notify every cancellation or striking out under
this rule to the registered users whose permitted use is affected thereby and the
registered proprietor of the trade mark.
Extension of time.
Extension of Time
102. (1) The Registrar may extend, on such conditions as he may specify,