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so as to show the manner in which, and the person or persons to whom, the trade mark has been assigned or transmitted, and so as to show further that it has been so assigned or transmitted in connection with the goodwill of the business concerned in the particular goods or classes of goods for which the trade mark has been registered.
As to connection with goodwill, see sect. 70.
37. Every such request shall be accompanied by a Declaration statutory declaration to be thereunder written, verify- pany reing the several statements therein, and declaring that the particulars above described comprise every material fact and document affecting the proprietorship of the trade mark as claimed by such request.
For declaration see Form K in the second schedule.
38. The claimant shall furnish to the Comptroller Further such other proof of title and of the existence and title if ownership of such goodwill as aforesaid as he require for his satisfaction.
39. A body corporate may be registered as pro- Body corprietor by its corporate name.
40. The term " applicant" in Rules 17, 18, and 19 Definition of shall include each of several persons claiming to be registered as proprietor of the same trade mark.
As to conflicting claims to the same mark, see sect. 71 and Rules 42 and 43.
Comptroller may require
from rival claimants.
41. Whether all of such persons so claiming restatement quire to be heard before the Comptroller or not, he may, before exercising the discretion vested in him by section 71 of the said Act, require such persons, or any or either of them, to submit a statement in writing within a time to be notified by him, or to attend before him and make oral explanations with respect to such matters as the Comptroller may require.
to court of
42. Where each of several persons claims to be conflicting registered as proprietor of the same trade mark, and the Comptroller refuses to register any of them until their rights have been determined according to law, the manner in which the rights of such claimants may be submitted to the court by the Comptroller, or, if the Comptroller so require, by the claimants, shall, unless the court otherwise order, be by a special case; and such special case shall be filed and proceeded with in like manner as any other special case submitted to the court, or in such other manner as the court may direct. As to procedure, see notes to sect. 71.
Settlement of special
43. Where the special case is to be submitted to the parties it may be agreed to by them, or if they differ, may be settled by the Comptroller on payment of the prescribed fees.
The form of application to the Comptroller to settle a special case is Form T. The fee, payable only by the stamp impressed thereon, is £2: see first schedule, and Instructions 2, 3, and 36.
44. Where an order has been made by the court in either of the following cases, viz.:
(a.) Allowing an appeal under section 62 of the said Act;
(b.) Disallowing an opposition to registration under section 69; or,
(c.) Under the provisions of sections 72, 90, or 92 of the said Act,
the person in whose favour such order has been made, or such one of them, if more than one, as the Comptroller may direct, shall forthwith leave at the Patent Office an office copy of such order. The register shall thereupon be rectified or altered, or the purport of such order shall otherwise be duly entered in the register, as the case may be.
The notice of an order is to be given in Form N, the fee being IOS.: see first schedule, and Instructions 2, 3, and 36.
45. Where a trade mark has been removed from the Removal of register for non-payment of the prescribed fee or other- register. wise, under the provisions of section 79 of the said Act, the Comptroller shall cause to be entered in the register a record of such removal and the cause thereof.
Although removed, the mark is, for the purpose of any application made during the five years next after the date of removal, to be deemed still registered: see sect. 79 (5). And as to the effect of this see notes to sects. 72 and 90.
46. If the registered proprietor of a trade mark Alteration send to the Comptroller, together with the prescribed in register.
fee, notice of an alteration in his address, the Comptroller shall alter the register accordingly.
The notice is to be given on Form M, and the fee is 5s.: see first schedule and Instructions 2, 3, 35, and 36.
The empowering section is sect. 91.
47. Whenever an order is made by the court for tion or varia- making, expunging, or varying an entry from or in the register, the Comptroller shall, if he thinks that such rectification or variation should be made public, and at the expense of the person applying for the same, publish, by advertisement or otherwise, and in such manner as he thinks just, the circumstances attending the rectification or variation in the register.
48. Whenever the registered proprietor of any trade of order of mark intends to apply for the leave of the court to
92 of Act.
alteration of add to or to alter such trade mark, under section 92 of under sect. the said Act, the notice to be given to the Comptroller shall be given fourteen days at least before such application. If leave be granted on such application the applicant shall forthwith supply to the Comptroller such a number of representations of the trade mark as altered as he may deem sufficient.
The marginal note seems in conflict with the rule. The notice referred to is not the notice of the order (see Rule 44), but the notice of the application to the court: see sect. 92 (2). No form of this latter notice is given, but any intimation sent by post will doubtlessly be sufficient: see sect. 97, and Rule 16.
Inspection of Register.
49. The Register of Trade Marks shall be open to Hours of the inspection of the public, on payment of the prescribed fee, on every week-day between the hours of ten and four, except on the days and at the times following:
(a.) Christmas Day, Good Friday, the day observed as her Majesty's birthday, days observed as days of public fast and thanksgiving, and days observed as holidays at the Bank of England; or
(b.) Days which may from time to time be notified by a placard posted in a conspicuous place at the Patent Office;
(c.) Times when the register is required for any purpose of official use.
See sect. 88. The fee is 1s. for each quarter of an hour: see first schedule.
Power to Dispense with Evidence.
50. Where under these Rules any person is required Dispensing to do any act or thing, or to sign any document, or to dence. make any declaration on behalf of himself or of any body corporate, or any document or evidence is required to be produced to or left with the Comptroller, or at the Patent Office, and it is shown to the satisfaction of the Comptroller that from any reasonable cause such person is unable to do such act or thing, or to sign