REVOCATION, INVALIDATION, RECTIFICATION AND CANCELLATION
—(1) An application to the Registrar for —
shall be made on Form TM 28.
(1A) An application to the Registrar for the rectification of an error or omission in the register under section 67 of the Act shall be made —
in the case of an application by the proprietor of a registered trade mark to amend any information in the register relating to that trade mark, on —
Form TM 26, if the amendment pertains to the name or other particulars of the proprietor;
Form TM 27A, if sub-paragraph (i) does not apply and the amendment, or any of the amendments, pertains to —
the class number or specification of any goods or services; or
the particulars of any claim to a right of priority; or
in the case of an application by any other person to amend any information in the register relating to that trade mark, on Form TM 28.
(2) The application shall be accompanied by a statement of the grounds on which the application is made.
(3) The applicant shall, if he is not the proprietor of the registered trade mark, serve a copy of the application and statement on the proprietor at the same time as he files these documents with the Registrar.
—(1) Within 2 months from the date of receipt of the copies of the application and statement from the applicant, the proprietor may file with the Registrar a counter-statement in Form TM 12 setting out —
the grounds on which he relies as supporting his registration; and
the facts alleged in the application which he admits, if any.
(2) The proprietor shall serve on the applicant a copy of the counter-statement at the same time as he files the counter-statement with the Registrar.
(3) In the case of an application for revocation of the registration of a trade mark on the ground referred to in section 22(1)(a) or (b) of the Act, the proprietor shall file, together with the counter-statement, evidence of the use by him of the trade mark, and shall also serve this on the applicant at the same time.
(4) A request for an extension of time to file the counter-statement shall be made by the proprietor to the Registrar in writing within 2 months from the date of receipt of the copies of the application and statement.
(5) The total extension of time which the Registrar may allow to file the counter-statement shall not exceed 4 months from the date of receipt by the proprietor of the copies of the application and statement.
(6) Before making a request for an extension of time, the proprietor shall serve a notice on the applicant and every other person likely to be affected by the extension, which shall contain —
a statement of the proprietor’s intention to request for the extension, the extension requested for, and the reason for the extension; and
a request for the consent of the applicant or other person to the extension.
(7) The request for the extension shall be supported by a copy of the notice referred to in paragraph (6) and the consent in writing, if this is given.
(8) The Registrar may refuse to grant the extension —
if the proprietor fails to show a good and sufficient reason for the extension; or
if the proprietor fails to show to the Registrar’s satisfaction that a notice referred to in paragraph (6) has been served on the applicant and every other person likely to be affected by the extension.
(9) Where a person on whom a notice referred to in paragraph (6) is served fails or refuses to give his consent to the extension within 2 weeks from the date of the notice —
the Registrar may, if he is satisfied that a good and sufficient reason has been shown for the extension, grant the extension; and
the Registrar may do so without having to conduct a hearing in accordance with rule 67.
(10) In the case of an application for revocation on the ground referred to in section 22(1)(a) or (b) of the Act, the application shall be granted where no counter-statement has been filed within the time allowed.
—(1) Upon an application being made under rule 57 and a counter-statement being filed under rule 58, rules 32 to 40 shall apply, with the necessary modifications, to further proceedings thereon except that, in the case of an application for revocation on the ground of non-use under section 22(1)(a) or (b) of the Act, the application shall be granted where no evidence of use has been filed under rule 58(3).
(2) For the purposes of the application of rules 32 to 40 —
references in those rules to the applicant shall be treated as references to the proprietor;
references in those rules to the application shall be treated as references to the proprietor’s registration;
references in those rules to the opponent shall be treated as references to the applicant for revocation or a declaration of invalidity of the registration; and
the reference in rule 33(3) to the withdrawal of the application shall be treated as a reference to the admission by the proprietor to the facts alleged by the applicant in his application for revocation or a declaration of invalidity of the registration.
—(1) Any person, other than the registered proprietor, claiming to have an interest in a registered trade mark which is the subject of an application under rule 57 may apply to the Registrar on Form TM 29 for leave to intervene.
(2) The Registrar may, after hearing the parties concerned if he so required, refuse leave to intervene, or grant leave to intervene upon such terms (including any undertaking as to costs) as he thinks fit.
(3) Any person granted leave to intervene shall, subject to the terms and conditions imposed in respect of the intervention, be treated as a party to the proceedings in question.
—(1) The proprietor may cancel his registered trade mark by filing with the Registrar —
a notice in Form TM 31 if the cancellation relates to all the goods or services in respect of which the trade mark is registered; or
a notice in Form TM 32 if the cancellation does not relate to all the goods or services in respect of which the trade mark is registered.
(2) A notice under paragraph (1) shall have no effect unless the proprietor in that notice —
gives the name and address of every other person having a right in the mark (if any); and
certifies that each such person —
has been given not less than 3 months’ notice of the proprietor’s intention to cancel the mark; or
is not affected by the cancellation or if affected consents to the cancellation.
(3) The Registrar, if satisfied that the notice complies with paragraph (2) and is otherwise regular, shall make the appropriate entry in the register.