Application for entry of assignment or transmission
67.—(1) Where a person becomes entitled by assignment or transmission to a registered trade mark, he shall make application to the Registrar on Form T.M. 22 to register his title.
(2) Applications under this rule shall be signed, in the case of an individual by the applicant, in the case of a partnership by one or more qualified partners thereof signing on behalf of the partnership, and in the case of a body corporate by a director or by the secretary or other principal officer of the body corporate, signing on behalf thereof, unless in exceptional circumstances the Registrar otherwise allows.
(3) Where an applicant for the registration of a trade mark is also the registered proprietor of a trade mark registered in respect of relevant goods or services and both the registered mark and the mark the subject of the application are assigned or transmitted (other than on death) to the same person, that person may include in his application under this rule an application to be treated as the applicant for registration; and in such a case the application shall proceed and rule 56 shall apply as if that person were the applicant.
(4) Rule 68(3) and (4) shall apply in respect of an application under paragraph (3) as it applies in respect of an application under this rule.
(5) For the purposes of paragraph (3), relevant goods or services are —
(a)
in the case of an application for the registration of a trade mark in respect of any goods —
(i)
the same goods;
(ii)
the same description of goods; or
(iii)
services or a description of services associated with the goods or goods of that description; and
(b)
in the case of an application for the registration of a trade mark in respect of any services —
(i)
the same services;
(ii)
the same description of services; or
(iii)
goods or a description of goods associated with the services or services of that description.
Particulars to be stated in application
68.—(1) An application under rule 67 shall contain the name, trade or business address, nationality and description of the applicant, together with full particulars of the instrument, if any, under which he claims, and such instrument shall be produced for inspection by the Registrar, preferably at the time of application.
(2) The full names of all the partners in a partnership shall be given in the application.
(3) There shall be filed with the application, for retention by the Registrar, an attested copy of any instrument of which particulars are given, but such a copy shall not be open to public inspection.
(4) The Registrar may at any time, by notice in writing sent to the applicant, require him to produce for inspection any instrument of which an attested copy has been filed.
Case accompanying application
69.—(1) Where an applicant under rule 67 does not claim under any document or instrument which is capable in itself of furnishing proof of his title, he shall, unless the Registrar otherwise directs, either upon or with the application, state a case setting forth the full particulars of the facts upon which his claim to be proprietor of the trade mark is based, and showing that the trade mark has been assigned or transmitted to him.
(2) If the Registrar so requires, his case shall be verified by a statutory declaration on Form T.M. 23.
Proof of title
70. The Registrar may call on any person who applies to be registered as proprietor of the registered trade mark for such proof or additional proof of title as he may require for his satisfaction.
Entry of assignment in register
71.—(1) When the Registrar is satisfied as to the title of the applicant under rule 67, he shall cause him to be registered as a proprietor of the trade mark in respect of the relevant goods or services, and shall enter in the register his name, trade or business address and description and particulars of the assignment or transmission.
(2) [Deleted by S 335/92 wef 01/08/1992]
Separate registrations
72. Where pursuant to an application under rule 67, and as the result of a division and separation of the goods or services of a registration or a division and separation of places or markets, different persons become registered separately under the same official number as subsequent proprietors of a trade mark, each of the resulting separate registrations in the names of those different persons shall be deemed to be a separate registration for all the purposes of the Act.
Registrar’ s certificate or notification of approval
73.—(1) Any person who desires to obtain the Registrar’ s certificate under section 42(5) of the Act, or his notification of approval under section 42(6) of the Act shall send to the Registrar, with his application on Form T.M. 24 or T.M. 25, as the case may be, a statement of case in duplicate setting out the circumstances, and a copy of any instrument or proposed instrument effecting the assignment or transmission.
(2) The Registrar may call for any evidence or further information that he may consider necessary, and the statement of case shall be amended if required to include all the relevant circumstances and shall, if required, be verified by a statutory declaration; and if the statement of case is amended, two fair copies in its final form shall be filed.
(3) The Registrar, after hearing, if so required, the applicant and any other person whom the Registrar may consider to be interested in the transfer, shall consider the matter and issue a certificate thereon or a notification in writing of approval or disapproval thereof, as the case may be. The Registrar shall seal a copy of the statement of case in its final form to the certificate or notification.