68. Application under section 50(1)(c) of the Act to cancel entry.
An application by any person for the cancellation of the registration of a
permitted user under section 50(1) (c) 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.
69. Notification and hearing.
(1) The registrar shall give notice in writing to the applicant on
applications made under regulations 66, 67 and 68 to the registered
proprietor and each permitted user, who is not the applicant under the
registration of the trademark.
(2) A person notified under subregulation (1) who intends to
intervene in the proceedings shall, within one month after the receipt of
the notification, give notice to the registrar in Form TM 52 to that effect
and shall send with the notice a statement of the grounds of the
intervention.
(3) The registrar shall, upon sending a notice under sub regulation
(2) send copies of the notice and statement to the other parties so that
the intervention may be known to the applicant, the registered proprietor,
the permitted user whose registration is in question, and any other
permitted user who intervenes.
(4) A party referred to in sub regulation (3) may, within such time
or times as the registrar may appoint, leave evidence in support of his or
her 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 the registrar may
think fit to impose.
70. Registered user’s application under section 90 (2) of the Act.
(1) An application under section 90 (2) of the Act shall be made in
Form TM 17, TM 19, TM 20 or TM 32 as may be appropriate, by a
permitted user of a trademark, or by such person as may satisfy the
registrar that he or she is entitled to act in the name of a permitted user
and the registrar may require such evidence by statutory declaration or
otherwise as the registrar may think fit as to the circumstances in which
the application is made.
2018