73. Intervention by third parties.
(1) A person other than the registered proprietor alleging an interest
in a registered trademark in respect of which an application is made in
Form TM 25, may apply to the registrar in Form TM 26 for leave to
intervene, stating in the application the nature of the interest, and the
registrar may refuse or grant the leave, after hearing (if so required) the
parties concerned, upon such terms and conditions as the registrar may
deem fit.
(2) Before dealing in any way with the application for leave to
intervene, the registrar may require the applicant to give an undertaking
to pay such costs as in the circumstances the registrar may award to any
party.
74. Application for correction of register under section 90(1) of the
Act.
(1) An application to the registrar under section 90 (1) of the Act
for the alteration of the register by correction, change, cancellation, or
striking out goods, or for the entry of a disclaimer or memorandum, may
be made by the registered proprietor of the trademark or by such person
as may satisfy the registrar that he or she is entitled to act in the name of
the registered proprietor.
(2) The application shall be made in Form TM 17, TM 19, TM 20,
TM 21, TM 22, TM 23 or TM 32, as may be appropriate; but an
application in Form TM 21, TM 22 or TM 32 shall be signed by the
registered proprietor or other person entitled under this regulation unless
in exceptional circumstances the registrar otherwise allows, or, in the
case of Form TM 32 only, it is signed by an agent expressly authorised
for the purpose of that application.
(3) In the case of an application under sub regulations (1) and (2),
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.
2021