(3) If after fourteen days from the date when the notice was sent, or
such further time as the registrar may allow, the registration is not
completed, the application shall be taken to be abandoned.
Defensive trademarks
41. Application for registration of defensive trademark.
(1) An application for the registration of a defensive trademark under
section 44 of the Act shall be made, addressed and sent to the registrar in
Form TM 31, and shall be accompanied by a statement of case setting out
particulars of the facts on which the applicant relies in support of the
application, verified by a statutory declaration made by the applicant or some
other person approved for the purpose by the registrar.
(2) The applicant may send with the declaration, or subsequently, such
other evidence as the applicant may desire to furnish, whether after request
made by the registrar or otherwise, and the registrar shall consider the whole
of the evidence before the decision on the application.
(3) In all other respects, and where they are appropriate, it is not
otherwise stated, these Regulations shall apply to applications for the
registration of a defensive trademark as they apply to applications for the
registration of ordinary trademarks.
Certification marks
42. Application for registration of certification mark.
(1) An application for the registration of a certification mark under
section 13 of the Act shall be made to the registrar in Form TM 5, in and
shall be accompanied by two duplicates of the application in copies of
Form TM 5, and by six additional representations of the trademark in
Form TM 3.
(2) The applicant shall send to the registrar with the application or
when required by the registrar, a case setting out the grounds on which
the applicant relies in support of the application together with draft
regulations for governing the use of the mark and Form TM 33, all being
duplicate.
2008