Amendment of rule 55
12.  Rule 55 of the principal Rules is amended —
(a)by deleting the words “, on Form TM 46” in paragraph (1)(f) and substituting the words “transferring any right in or under a trade mark, on Form TM 20”; and
(b)by deleting paragraphs (2) and (3) and substituting the following paragraphs:
(2)  Where an application under paragraph (1) is filed other than by means of the electronic online system, the application shall be —
(a)signed by or on behalf of all the parties to the assignment or transaction, in the case of an assignment or transaction referred to in paragraph (1)(a);
(b)signed by or on behalf of both the personal representative and the beneficiary, in the case of the making by a personal representative of an assent referred to in paragraph (1)(f);
(c)accompanied by any documentary evidence which in the Registrar’s view is sufficient to establish the transaction, in the case of an order of the Court or other competent authority referred to in paragraph (1)(f); and
(d)signed by or on behalf of the grantor of the licence or security interest, in any other case.
(3)  Where an application under paragraph (1) is filed by means of the electronic online system, the application shall be authorised by all relevant parties and be validated by such means as the Registrar considers fit.
(3A)  Where an application under paragraph (1) is not signed in accordance with paragraph (2)(a), (b) or (d) or authorised and validated in accordance with paragraph (3), the application shall be accompanied by —
(a)a certified copy of any documentary evidence which in the Registrar’s view is sufficient to establish the transaction; or
(b)a statutory declaration as set out in Form TM 23, setting out the facts on which the application is based and which in the Registrar’s view is sufficient to establish the transaction.
(3B)  Where an application under paragraph (1) is filed by means of the electronic online system, the documentary evidence referred to in paragraph (3A)(a) or the statutory declaration referred to in paragraph (3A)(b) shall be filed within such time as the Registrar may specify.
(3C)  The Registrar shall refuse to accept an application under paragraph (1) if paragraph (2), (3), (3A) or (3B) is not complied with and in such event, the Registrar may require a fresh application to be made.”.