TRADE MARKS REGULATIONS 1995 - REG 11.3 Cancellation of particulars--claimed interests or rights

TRADE MARKS REGULATIONS 1995 - REG 11.3

  (1)   For the purposes of sections   115 and 119 of the Act (which deal with amendment and cancellation of particulars), particulars of a claim to an interest in, or to a right in respect of, a trade mark, entered in the Register or recorded under Division   3 of Part   11 of the Act may be cancelled in accordance with this regulation.

  (2)   A request to cancel particulars of a claim to an interest in, or to a right in respect of, a trade mark must be made in writing:

  (a)   by the person whose claim is recorded; or

  (b)   by the owner of the trade mark; or

  (c)   together by the person whose claim is recorded and the owner of the trade mark; or

  (d)   if the request has with it the written consent to the cancellation of 1 of the persons mentioned in paragraph   (c)--by the other person mentioned in that paragraph.

  (3)   If a request is made under paragraph   (2)(a), (c) or (d), the Registrar must cancel the particulars in accordance with the request.

  (4)   If a request is made under paragraph   (2)(b), the Registrar must notify the person whose claim is recorded that:

  (a)   the request has been made; and

  (b)   unless the request is withdrawn or a prescribed court orders otherwise, the Registrar will cancel particulars of the claim in accordance with the request as soon as practicable after the end of a period of 2 months from the date of the notification.

  (5)   Unless a request made under paragraph   (2)(b) is withdrawn or a prescribed court determines otherwise, the Registrar must, as soon as practicable:

  (a)   if, before the end of the period mentioned in paragraph   (4)(b), a person the particulars of whose claim are recorded informs the Registrar in writing that the person does not object to cancellation of the particulars--cancel the particulars in accordance with the request; or

  (b)   if paragraph   (a) does not apply--cancel the particulars after the end of that period in accordance with the request.