45. Death of applicant before registration.
In case of the death of an applicant for the registration of a trademark
after the date of the application, and before the trademark applied for is
been entered in the register, the registrar after the expiration of the
prescribed period of advertisement and the determination of any
opposition to the application, may, on being satisfied of the applicant’s
death, enter in the register, in place of the name of the deceased
applicant, the name, address, and description of the person owning the
trademark, on that ownership being proved to the satisfaction of the
registrar.
46. Certificate of registration.
Upon the registration of a trademark, the registrar shall issue to the
applicant a certificate of registration and shall affix to the certificate a
copy of the mark, which may be a representation of the mark supplied
by the applicant under regulation 18 (3).
Renewal
47. Renewal of registration.
(1) At any time not more than three months before the expiration of
the last registration of a trademark, a person may fill form TM 10 and
file it with the registrar accompanied by a fee for renewal of registration
of a trademark.
(2) Where the person filing for renewal is not the registered
proprietor, that person shall sign a statement in the form that he or she is
directed by the registered proprietor and pay the fee (if that is the case)
and shall give his or her address.
(3) Before taking any further step, the registrar may either—
(a) require the person filling the form under this regulation to
furnish within ten days an authority by the registered
proprietor to renew the registration and pay the fee and if the
person does not furnish the authority, he or she may return the
fee and treat it as not received; or
2011