IP/N/llKENfTll Page 67 [Subsidiary] 83. Upon application being made, and copy thereof trans­ mitted to the registered proprietor, if necessary, the provisions of rules 48 to 57 shall apply mutatis mutandis to 'th.e further proceedings thereon; but the Registrar shall not rectify the register or remove the mark from the register merely because the registered proprietor has not filed a' counter-statement; and in any case of doubt any party may apply to the Registrar for directions, Further procedure. 84. (1) Any person other than the registered proprietor alleging interest in a registered trade mark in respect of which an application is made in form TM 25 may apply to the Registrar in form TM 26 for leave to intervene, stating thereon the nature of his interest, and the Registrar may refuse or grant leave, after hearing (if so required) the parties concerned, upon such conditions and terms as he may deem fit. (2) Before dealing in any way with the application for leave to intervene the Registrar: ,may require the applicant to give an under­ taking to pay such costs as in the c;ircumstances he may award to 'any party. Intervention by third parties. Applications for Alteration of the Register by Correction, Change, Cancellation or Striking out Goods or for Entry of Disclaimer, Memorandum or Note (Section 37 (1)) 85. (1) An application to the Registrar under subsection (1) 01 section 37 of the Act for the alteration of the' register by correc­ tion, change, cancellation or striking out goods, or for the entry of a disclaimer or memorandum, may be made by the registered proprietor of the trade mark or by such person as may satisfy the Registrar that be is entitled to act in the name of the registered proprietor. (2) Such applications shall be made in form TM 17, TM 19, TM 20, TM 21, TM 22, TM 23 or TMfi2, as may be appropriate; but an application in form TM 21, TM 22 or TM 32 shall be signed by .the registered proprietor or other person entitled under this rule unless in exceptional circumstances the Registrar otherwise allows, or, in the case of form TM 32 only, it is signed by an agent expressly authorized for the purpose of such an application. 86. In the case of an application as in rule 85, the Registrar may require such evidence by statutory declaration or otherwise as he may think fit as to the circumstances in which the application is made. 'Application under section 37 (1). Evidence. 87.. Where application is made in form TM 23 to enter a dis­ , Advertisemen t claimer or memorandum relating to a trade mark, the Registrar, before of certain deciding upon such application, shall advertise the application in the applications . Gazette in order to enable any person desiring so to do to state, within one month or' the advertisement, any reasons in writing against the making of the entry of the disclaimer or memorandum. 88. Where the court has certified under Section 47 of the Act with regard to the validity of a registered trade mark, the regis­ tered proprietor thereof may request the Registrar in form T1'l 47 to add to the entry in the register a note that the. certificate of validity has been granted -in the course of the proceedings, which shall be namedin the form;' an office copy of the' certificate shall be sent with the request, 'and the Registrar shall so note the register and publish the note in the Gazette. ' Certificates of validity to be noted. 21 of 86

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