75. Publication of certain applications.
Where an application is made in Form TM 23 to enter a disclaimer or a
memorandum relating to a trademark, the registrar, before deciding upon
the application, shall publish the application in the Gazette in order to
enable any person desiring to do so to state, within one month after the
publication, any reasons in writing against the making of the entry of the
disclaimer or memorandum.
76. Certificate of validity to be noted.
(1) Where the court has certified as provided in section 59 of the
Act with regard to the validity of a registered trademark, the registered
proprietor of the trademark may request the registrar in Form TM 47 to
add to the entry in the register a note that the certificate of validity has
been granted in the course of the proceedings, which shall be named in
the form.
(2) An office copy of the certificates shall be sent with the request
under subregulation(1), and the registrar shall note it on the register and
publish the note in the Gazette.
77. Alteration of registered mark.
(1) Where a person desires to apply under section 91 of the Act that
his or her registered trademark may be added to or altered, that person
shall apply in writing in Form TM 24, and shall furnish the registrar with
four copies of the mark as it will appear when so added to or altered.
(2) The registrar shall consider the application and shall, if it
appears to the registrar expedient, advertise the application in the
Gazette before deciding it.
(3) Within one month from the date of the advertisement any person
may give notice of opposition to the application, in Form TM 45
accompanied by a duplicate of the notice, and may also send with that
notice a further statement of any objections in duplicate.
(4) The registrar shall send the duplicate notice, and the duplicate
of any further statement of objections, to the applicant, and regulations
35 to 44 shall apply with the necessary modifications to the further
proceedings on the application.
2022