(3) If after fourteen days from the date when the notice was sent, or such further time as the registrar may allow, the registration is not completed, the application shall be taken to be abandoned. Defensive trademarks 41. Application for registration of defensive trademark. (1) An application for the registration of a defensive trademark under section 44 of the Act shall be made, addressed and sent to the registrar in Form TM 31, and shall be accompanied by a statement of case setting out particulars of the facts on which the applicant relies in support of the application, verified by a statutory declaration made by the applicant or some other person approved for the purpose by the registrar. (2) The applicant may send with the declaration, or subsequently, such other evidence as the applicant may desire to furnish, whether after request made by the registrar or otherwise, and the registrar shall consider the whole of the evidence before the decision on the application. (3) In all other respects, and where they are appropriate, it is not otherwise stated, these Regulations shall apply to applications for the registration of a defensive trademark as they apply to applications for the registration of ordinary trademarks. Certification marks 42. Application for registration of certification mark. (1) An application for the registration of a certification mark under section 13 of the Act shall be made to the registrar in Form TM 5, in and shall be accompanied by two duplicates of the application in copies of Form TM 5, and by six additional representations of the trademark in Form TM 3. (2) The applicant shall send to the registrar with the application or when required by the registrar, a case setting out the grounds on which the applicant relies in support of the application together with draft regulations for governing the use of the mark and Form TM 33, all being duplicate. 2008

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