IPIN/l/KENrr/1 Page 64 [~ubsidiarJ ] Application for entry oJ assign­ ment or trans­ mission by subsequent proprietor.­ Particulars to be stated in application. 72. Where a person becomes- entitled to a registered trade mark In the manner referred to in rule 71, and no conjoint application as therein mentioned is made, he shall make application to the Registrar in form TM 15 ito register his title. 73. (1) An application under rule 71 or rule 72 shall contain the name, trade or business address and description of the person claiming to be entitled, together with full particulars of the instru­ ment, if any, under which he claims, and the instrument shall be produced for inspection by the Registrar, preferably the time of application. (2) The full names of all the partners in a partnership shall be given in the body of the application. (3) The Registrar may in any case require and retain an attested copy of any instrument produced for inspection in proof of title, but that copy shall not be open to public inspection. at Case accompanying application. 74. Where in the case of an application in form T M 1.4 or form TM 15 the person applying for registration of his title does not claim under any document or instrument which is capable in itself of furnish­ ing proof of his title, be 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 bas been assigned or transmitted to ·him; and if .the Registrar so requires, the case shall be verified by a statutory declaration in form TM 16. Proof of title. 75. The Registrar may call on any person who applies to be registered as' proprietor of a registered trade mark for such proof or additional proof of title as he may require for his satisfaction. Application for entry .of assign­ ment without aoodwill. 76. (l) An application under rule '71 or rule 72 relating to an assignment on or after the appointed day of a trade mark in respect of any goods shall state­ (a) whether the trade mark was, at the time of the assignment, used in a business in any' of those goods; and (b) whether the assignment was made otherwise than in connexion with the goodwill of that business; and, if both those circumstances subsisted, the applicant shall leave with the Registrar a copy of the Registrar's directions to advertise the assign­ ment, obtained upon application under subsection (7) of section 25 of the Act and rule 80 of these Rules, and such proof, including copies of advertisements or otherwise, as the. Registrar may require that his directions have been fulfilled; and if the Registrar is not satisfied that the directions have been fulfilled, he shall not proceed with the application. . (2) For the purposes of subsection (4} of section 32 of the Act, the period within which a corporation may be registered as the subsequent proprietor of a registered trade mark, upon application made under rule 71 or rule 72, shall be six months from the date . of advertisement in the Gazette of the registration of the trade mark, or such further period not exceeding six months as the Registrar may allow on application being made to him in form TM 13 by the applicant for registration of title or the registered proprietor, as the case may be, at any time before or during the period for' which the extension can be allowed. 18 of 86

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