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Article 26 Surrender of registered trade mark; s. 45 (Forms TM22 & TM23)

Original text. Later amendments are not shown.

(1)

Subject to paragraph (2) below, the proprietor may surrender a registered trade mark, by sending notice to the registrar–

(a)

on Form TM22 in respect of all the goods or services for which it is registered; or

(b)

on Form TM23, in respect only of those goods or services specified by him in the notice.

(2)

A notice under paragraph (1) above shall be of no effect unless the proprietor in that notice–

(a)

gives the name and address of any person having a registered interest in the mark, and

(b)

certifies that any such person–

(i)

has been sent not less than three months' notice of the proprietor’s intention to surrender the mark, or

(ii)

is not affected or if affected consents thereto.

(3)

The registrar shall, upon the surrender taking effect, make the appropriate entry in the register and publish the same.