The Trade Marks Rules 2000

Procedure on application for rectification; s. 64 (Form TM26(R))

34.—(1) An application for rectification of an error or omission in the register under section 64(1) shall be made on Form TM26(R) together with:

(a) a statement of the grounds on which the application is made; and

(b) any evidence to support those grounds.

(2) Where any application is made under paragraph (1) by a person other than the proprietor of the registered trade mark the registrar–

(a) shall send a copy of the application and the statement, together with any evidence filed, to the proprietor; and

(b) may give such direction as she thinks fit with regard to the filing of subsequent evidence upon such terms as she may think fit.

(3) Upon completion of the evidence the registrar shall request the parties to state by notice to her in writing whether they wish to be heard; if any party requests to be heard the registrar shall send to the parties notice of a date for the hearing.

(4) When the registrar has made a decision on the application she shall send the parties to the proceedings written notice of it, stating the reasons for her decision; and for the purposes of any appeal against the registrar’s decision the date when the notice of the decision is sent shall be taken to be the date of the decision.