(4) In the case of the alteration of the address of a person entered in
the register as the address for service of more than one registered
proprietor or permitted user of trademarks, the registrar may, on proof
that the address is the address of the applicant and if satisfied that it is
just to do so, accept an application from that person in Form TM 32
amended so as to suit the case for the appropriate alteration of the entries
of his or her address as the address for service in the several
registrations, particulars of which shall be given in the form, and may
alter the entries accordingly.
(5) An application under this regulation in Form TM 32 shall be
signed by the registered proprietor or the permitted user, as the case may
be, or by an agent, expressly authorised by the registered proprietor or
permitted user for the purpose of the application, unless in exceptional
circumstances the registrar otherwise allows.
72. Application to rectify or remove a trademark from the register.
(1) An application to the register under any of sections 46, 47, 88
and 89 of the Act for making, expunging or varying any entry in the
register shall be made in Form TM 25 and shall be accompanied by a
statement setting out fully the nature of the applicant’s interest, the facts
upon which the applicant bases his or her case and the relief sought.
(2) Where the application is made by a person who is not the
registered proprietor of the trademark in question, the application shall
be accompanied by a copy of the application and a copy of the statement,
and those copies shall be transmitted immediately by the registrar to the
registered proprietor.
(3) Upon the application being made and a copy of it transmitted to
the registered proprietor, if necessary, regulations 35 to 44 shall apply
with the necessary modifications to the further proceeding on the
application; but the registrar shall not rectify or remove the mark from
the register only because the registered proprietor has not filed a
counterstatement.
(4) In the case of doubt any party may apply to the registrar for
directions.
2020