Office of Public Sector Information
(3) Unless either paragraph (4), (5) or (6) applies, the relevant period shall begin on the notification date and end two months after that date.
(4) This paragraph applies where—
(a) the applicant and the person opposing the registration agree to an extension of time for the filing of Form TM8;
(b) within the period of two months beginning on the notification date, either party files Form TM9c requesting an extension of time for the filing of Form TM8; and
(c) during the period beginning on the date Form TM9c was filed and ending nine months after the notification date, no notice to continue on Form TM9t is filed by the person opposing the registration and no request for a further extension of time for the filing of Form TM8 is filed on Form TM9e,
and where this paragraph applies the relevant period shall begin on the notification date and end nine months after that date.
(5) This paragraph applies where—
(a) a request for an extension of time for the filing of Form TM8 has been filed on Form TM9c in accordance with paragraph (4)(b);
(b) during the period referred to in paragraph (4)(c), either party files Form TM9e requesting a further extension of time for the filing of Form TM8 which request includes a statement confirming that the parties are seeking to negotiate a settlement of the opposition proceedings; and
(c) the other party agrees to the further extension of time for the filing of Form TM8,
and where this paragraph applies the relevant period shall begin on the notification date and end eighteen months after that date.
(6) This paragraph applies where—
(a) a request for an extension of time for the filing of Form TM8 has been filed on Form TM9c in accordance with paragraph (4)(b); and
(b) the person opposing the registration has filed a notice to continue on Form TM9t,
and where this paragraph applies the relevant period shall begin on the notification date and end one month after the date on which Form TM9t was filed or two months after the notification date, whichever is the later.
(7) The registrar shall send a copy of Form TM8 to the person opposing the registration.
19.—(1) This rule applies if—
(a) the opposition or part of it is based on the relative grounds of refusal set out in section 5(1) or (2); and
(b) the registrar has not indicated to the parties that the registrar thinks that it is inappropriate for this rule to apply.
(2) After considering the statement of the grounds of opposition and the counter-statement the registrar shall send notice to the parties (“the preliminary indication”) stating whether it appears to the registrar that—
(a) registration of the mark should not be refused in respect of all or any of the goods and services listed in the application on the grounds set out in section 5(1) or (2); or
(b) registration of the mark should be refused in respect of all or any of the goods and services listed in the application on the grounds set out in section 5(1) or (2).
(3) The date upon which the preliminary indication is sent shall be the “indication date”.
(4) Where it appeared to the registrar under paragraph (2) that registration of the mark should not be refused in respect of all or any of the goods or services listed in the application on the grounds set out in section 5(1) or (2), the person opposing the registration shall, within one month of the indication date, file a notice of intention to proceed with the opposition based on those grounds by filing a Form TM53, otherwise that person’s opposition to the registration of the mark in relation to those goods or services on the grounds set in section 5(1) or (2) shall be deemed to have been withdrawn
(5) Where it appeared to the registrar under paragraph (2) that registration of the mark should be refused in respect of all or any of the goods or services listed in the application on the grounds set out in section 5(1) or (2), the applicant shall, within one month of the indication date, file a notice of intention to proceed on Form TM53, otherwise the applicant shall be deemed to have withdrawn the request to register the mark in respect of the goods or services for which the registrar indicated registration should be refused.
(6) A person who files a Form TM53 shall, at the same time, send a copy to all other parties to the proceedings.
(7) The registrar need not give reasons for the preliminary indication nor shall the preliminary indication be subject to appeal.
20.—(1) Where—
(a) Form TM53 has been filed by either party;
(b) the opposition or part of it is based on grounds other than those set out in section 5(1) or (2) and the applicant has filed a Form TM8; or
(c) the registrar has indicated to the parties that it is inappropriate for rule 19 to apply,
the registrar shall specify the periods within which evidence and submissions may be filed by the parties.
(2) Where—
(a) the opposition is based on an earlier trade mark of a kind falling within section 6(1)(c); or
(b) the opposition or part of it is based on grounds other than those set out in section 5(1) or (2); or
(c) the truth of a matter set out in the statement of use is either denied or not admitted by the applicant,
the person opposing the registration (“the opposer”) shall file evidence supporting the opposition.
(3) Where the opposer files no evidence under paragraph (2), the opposer shall be deemed to have withdrawn the opposition to the registration to the extent that it is based on—
(a) the matters in paragraph (2)(a) or (b); or
(b) an earlier trade mark which has been registered and which is the subject of the statement of use referred to in paragraph (2)(c).
(4) The registrar may, at any time, give leave to either party to file evidence upon such terms as the registrar thinks fit.
21.—(1) If the opposition or part of it is based on the relative grounds for refusal set out in section 5(1), (2) or (3), any person in paragraph (3) may file an application to the registrar on Form TM27 for leave to intervene and the registrar may, after hearing the parties concerned if so required, refuse such leave or grant leave upon such terms and conditions (including any undertaking as to costs) as the registrar thinks fit.
(2) Any person granted leave to intervene shall, subject to any terms and conditions imposed in respect of the intervention, be treated as a party to the proceedings for the purposes of the application of the provisions of rules 19, 20 and 62 to 73.
(3) The persons referred to in paragraph (1) are—
(a) where the opposition is based on an earlier trade mark, a licensee of that mark; and
(b) where the opposition is based on an earlier collective mark or certification mark, an authorised user of that mark.
22. The registrar shall send to the applicant a copy of any document containing observations made under section 38(3).
23. On the registration of the trade mark the registrar shall publish the registration on the Office website, specifying the date upon which the trade mark was entered in the register.
24. A request for an amendment of an application to correct an error or to change the name or address of the applicant or in respect of any amendment requested after publication of the application shall be made on Form TM21.
25.—(1) Where, pursuant to section 39, a request is made for amendment of an application which has been published in the Journal and the amendment affects the representation of the trade mark or the goods or services covered by the application, the amendment or a statement of the effect of the amendment shall also be published in the Journal.
(2) Any person claiming to be affected by the amendment may, within one month of the date on which the amendment or a statement of the effect of the amendment was published under paragraph (1), give notice to the registrar of objection to the amendment on Form TM7 which shall include a statement of the grounds of objection which shall, in particular, indicate why the amendment would not fall within section 39(2).
(3) The registrar shall send a copy of Form TM7 to the applicant and the procedure in rules 17, 18 and 20 shall apply to the proceedings relating to the objection to the amendment as they apply to proceedings relating to opposition to an application for registration, but with the following modifications—
(a) any reference to—
(i) an application for registration shall be construed as a reference to a request for amendment of an application,
(ii) the person opposing the registration shall be construed as a reference to the person objecting to the amendment of an application,
(iii) the opposition shall be construed as a reference to the objection;
(b) the relevant period, referred to in rule 18(1), shall for these purposes be the period of two months beginning with the date upon which the registrar sent a copy of Form TM7 to the applicant; and
(c) rules 18(3) to (6), 20(2) and (3) shall not apply.
26.—(1) At any time before registration an applicant may send to the registrar a request on Form TM12 for a division of the application for registration (the original application) into two or more separate applications (divisional applications), indicating for each division the specification of goods or services.
(2) Each divisional application shall be treated as a separate application for registration with the same filing date as the original application.
(3) Where the request to divide an application is sent after publication of the application, any objections in respect of, or opposition to, the original application shall be taken to apply to each divisional application and shall be proceeded with accordingly.
(4) Upon division of an original application in respect of which notice has been given to the registrar of particulars relating to the grant of a licence, or a security interest or any right in or under it, the notice and the particulars shall be deemed to apply in relation to each of the applications into which the original application has been divided.
27.—(1) An applicant who has made separate applications for registration of a mark may, at any time before preparations for the publication of any of the applications have been completed by the Office, request the registrar on Form TM17 to merge the separate applications into a single application.
(2) The registrar shall, if satisfied that all the applications which are the subject of the request for merger—
(a) are in respect of the same trade mark;
(b) bear the same date of application; and
(c) are, at the time of the request, in the name of the same person,
merge them into a single application.
(3) The proprietor of two or more registrations of a trade mark may request the registrar on Form TM17 to merge them into a single registration and the registrar shall, if satisfied that the registrations are in respect of the same trade mark, merge them into a single registration.
(4) Where any registration of a trade mark to be merged under paragraph (3) is subject to a disclaimer or limitation, the merged registration shall also be restricted accordingly.
(5) Where any registration of a trade mark to be merged under paragraph (3) has had registered in relation to it particulars relating to the grant of a licence or a security interest or any right in or under it, or of any memorandum or statement of the effect of a memorandum, the registrar shall enter in the register the same particulars in relation to the merged registration.
(6) The date of registration of the merged registration shall, where the separate registrations bear different dates of registration, be the latest of those dates.
28.—(1) The proprietor of a series of trade marks may apply to the registrar on Form TM3 for their registration as a series in a single registration and there shall be included in such application a representation of each mark claimed to be in the series.
(2) Following an application under paragraph (1) the registrar shall, if satisfied that the marks constitute a series, accept the application.
(3) At any time before registration, the applicant under paragraph (1) may request on Form TM12 the division of the application into separate applications in respect of one or more marks in that series and the registrar shall divide the application accordingly, provided that at least one application remaining after such a division would comprise of either—
(a) a single mark; or
(b) two or more marks that would be a series of trade marks within the meaning of section 41(2).
(4) Where the request to divide an application is sent after publication of the application, any objections in respect of, or opposition to, the original application shall be taken to apply to each divisional application and shall be proceeded with accordingly.
(5) At any time the applicant for registration of a series of trade marks or the proprietor of a registered series of trade marks may request the deletion of a mark in that series and, following such request, the registrar shall delete the mark accordingly.
(6) Where under paragraph (5) the registrar deletes a trade mark from an application for registration, the application, in so far as it relates to the deleted mark, shall be treated as withdrawn.
(7) The division of an application into one or more applications under paragraph (3) shall be subject to the payment of a divisional fee and such application and class fees as are appropriate.
29. Where an application for registration of a collective or certification mark is filed, the applicant shall, within such period of not less than three months as the registrar may specify, file Form TM35 accompanied by a copy of the regulations governing the use of the mark.
30.—(1) An application for the amendment of the regulations governing the use of a registered collective or certification mark shall be filed on Form TM36.
(2) Where it appears to be expedient to the registrar that the amended regulations should be made available to the public the registrar shall publish a notice in the Journal indicating where copies of the amended regulations may be inspected.
(3) Any person may, within two months of the date of publication of the notice under paragraph (2), make observations to the registrar on the amendments relating to the matters referred to in paragraph 6(1) of Schedule 1 to the Act in relation to a collective mark, or paragraph 7(1) of Schedule 2 to the Act in relation to a certification mark and the registrar shall send a copy of those observations to the proprietor.
(4) Any person may, within two months of the date on which the notice was published under paragraph (2), give notice to the registrar of opposition to the amendment on Form TM7 which shall include a statement of the grounds of opposition indicating why the amended regulations do not comply with the requirements of paragraph 6(1) of Schedule 1 to the Act, or, as the case may be, paragraph 7(1) of Schedule 2 to the Act.
(5) The registrar shall send a copy of Form TM7 to the proprietor and the procedure in rules 18 and 20 shall apply to the proceedings relating to the opposition to the amendment as they apply to proceedings relating to opposition to an application for registration, but with the following modifications—
(a) any reference to—
(i) the applicant shall be construed as a reference to the proprietor,
(ii) an application for registration shall be construed as a reference to an application for the amendment of the regulations,
(iii) the person opposing the registration shall be construed as a reference to the person opposing the amendment of the regulations;
(b) the relevant period, referred to in rule 18(1), shall for these purposes be the period of two months beginning with the date upon which the registrar sent a copy of Form TM7 to the proprietor;
(c) rules 18(3) to (6), 20(2) and (3) shall not apply.
31. Where the applicant for registration of a trade mark or the proprietor by notice in writing sent to the registrar—
(a) disclaims any right to the exclusive use of any specified element of the trade mark; or
(b) agrees that the rights conferred by the registration shall be subject to a specified territorial or other limitation,
the registrar shall make the appropriate entry in the register and publish such disclaimer or limitation.
32.—(1) The proprietor of a registered trade mark may request the registrar on Form TM25 for such alteration of the mark as is permitted under section 44 and following such request the registrar may require evidence as to the circumstances in which the application is made.
(2) Where, upon the request of the proprietor, the registrar proposes to allow such alteration, the registrar shall publish the mark as altered in the Journal.
(3) Any person claiming to be affected by the alteration may, within two months of the date on which the mark as altered was published under paragraph (2), give notice to the registrar of objection to the alteration on Form TM7 which shall include a statement of the grounds of objection.
(4) The registrar shall send a copy of Form TM7 to the proprietor and the procedure in rules 18 and 20 shall apply to the proceedings relating to the objection to the alteration as they apply to proceedings relating to opposition to an application for registration, but with the following modifications—
(a) any reference to—
(i) the applicant shall be construed as a reference to the proprietor,
(ii) an application for registration shall be construed as a reference to a request for alteration,
(iii) the person opposing the registration shall be construed as a reference to the person objecting to the alteration,
(iv) the opposition shall be construed as a reference to the objection;
(b) the relevant period, referred to in rule 18(1), shall for these purposes be the period of two months beginning with the date upon which the registrar sent a copy of Form TM7 to the proprietor;
(c) rules 18(3) to (6), 20(2) and (3) shall not apply.
33.—(1) Subject to paragraph (2), 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 the proprietor in the notice.
(2) A notice under paragraph (1) 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 to the surrender.
(3) The registrar shall, upon the surrender taking effect, make the appropriate entry in the register and publish the date of surrender on the Office website.
34.—(1) Subject to paragraph (2) below, at any time not earlier than six months nor later than one month before the expiration of the last registration of a trade mark, the registrar shall (except where renewal has already been effected under rule 35) send to the registered proprietor notice of the approaching expiration and inform the proprietor at the same time that the registration may be renewed in the manner described in rule 35.
(2) If it appears to the registrar that a trade mark may be registered under section 40 at any time within six months before or at any time on or after the date on which renewal would be due (by reference to the date of application for registration), the registrar shall be taken to have complied with paragraph (1) if the registrar sends to the applicant notice to that effect within one month following the date of actual registration.
35. Renewal of registration shall be effected by filing a request for renewal on Form TM11 at any time within the period of six months ending on the date of the expiration of the registration.
36.—(1) If on the expiration of the last registration of a trade mark the renewal fee has not been paid, the registrar shall publish that fact.
(2) If, within six months from the date of the expiration of the last registration, a request for renewal is filed on Form TM11 accompanied by the appropriate renewal fee and additional renewal fee, the registrar shall renew the registration without removing the mark from the register.
(3) Where no request for renewal is filed, the registrar shall, subject to rule 37, remove the mark from the register.
(4) Where a mark is due to be registered after the date on which it is due for renewal (by reference to the date of application for registration), the request for renewal shall be filed together with the renewal fee and additional renewal fee within six months after the date of actual registration.
(5) The removal of the registration of a trade mark shall be published on the Office website.
37.—(1) Where the registrar has removed the mark from the register for failure to renew its registration in accordance with rule 36, the registrar may, following receipt of a request filed on Form TM13 within six months of the date of the removal of the mark accompanied by the appropriate renewal fee and appropriate restoration fee —
(a) restore the mark to the register; and
(b) renew its registration,
if, having regard to the circumstances of the failure to renew, the registrar is satisfied that it is just to do so.
(2) The restoration of the registration, including the date of restoration, shall be published on the Office website.
38.—(1) An application to the registrar for revocation of a trade mark under section 46, on the grounds set out in section 46(1)(a) or (b), shall be made on Form TM26(N).
(2) The registrar shall send a copy of Form TM26(N) to the proprietor.
(3) The proprietor shall, within two months of the date on which he was sent a copy of Form TM26(N) by the registrar, file a Form TM8(N), which shall include a counter-statement.
(4) Where the proprietor fails to file evidence of use of the mark or evidence supporting the reasons for non-use of the mark within the period specified in paragraph (3) above the registrar shall specify a further period of not less than two months within which the evidence shall be filed.
(5) The registrar shall send a copy of Form TM8(N) and any evidence of use, or evidence supporting reasons for non-use, filed by the proprietor to the applicant.
(6) Where the proprietor fails to file a Form TM8(N) within the period specified in paragraph (3) the registration of the mark shall, unless the registrar directs otherwise, be revoked.
(7) Where the proprietor fails to file evidence within the period specified under paragraph (3) or any further period specified under paragraph (4), the registrar may treat the proprietor as not opposing the application and the registration of the mark shall, unless the registrar directs otherwise, be revoked.
(8) The registrar may, at any time, give leave to either party to file evidence upon such terms as the registrar thinks fit.
39.—(1) An application to the registrar for revocation of a trade mark under section 46, on the grounds set out in section 46(1)(c) or (d), shall be made on Form TM26(O) and shall include a statement of the grounds on which the application is made and be accompanied by a statement of truth.
(2) The registrar shall send a copy of Form TM26(O) and the statement of the grounds on which the application is made to the proprietor.
(3) The proprietor shall, within two months of the date on which he was sent a copy of Form TM26(O) and the statement by the registrar, file a Form TM8 which shall include a counter-statement, otherwise the registrar may treat the proprietor as not opposing the application and the registration of the mark shall, unless the registrar directs otherwise, be revoked.
(4) The registrar shall send a copy of Form TM8 to the applicant.
40.—(1) Where the applicant has filed a Form TM8, the registrar shall specify the periods within which further evidence may be filed by the parties.
(2) Where the applicant files no further evidence in support of the application the applicant, shall, unless the registrar otherwise directs, be deemed to have withdrawn the application.
(3) The registrar shall notify the proprietor of any direction given under paragraph (2).
(4) The registrar may, at any time give leave to either party to file evidence upon such terms as the registrar thinks fit.
41.—(1) An application to the registrar for a declaration of invalidity under section 47 shall be filed on Form TM26(I) and shall include a statement of the grounds on which the application is made and be accompanied by a statement of truth.
(2) Where the application is based on a trade mark which has been registered, there shall be included in the statement of the grounds on which the application is made a representation of that mark and—
(a) the details of the authority with which the mark is registered;
(b) the registration number of that mark;
(c) the goods and services in respect of which—
(i) that mark is registered, and
(ii) the application is based; and
(d) where neither section 47(2A)(a) nor (b) applies to the mark, a statement detailing whether during the period referred to in section 47(2B)(a) it has been put to genuine use in relation to each of the goods and services in respect of which the application is based or whether there are proper reasons for non-use (for the purposes of rule 42 this is the “statement of use”).
(3) Where the application is based on a trade mark in respect of which an application for registration has been made, there shall be included in the statement of the grounds on which the application is made a representation of that mark and those matters set out in paragraph (2)(a) to (c), with references to registration being construed as references to the application for registration.
(4) Where the application is based on an unregistered trade mark or other sign which the applicant claims to be protected by virtue of any rule of law (in particular, the law of passing off), there shall be included in the statement of the grounds on which the application is made a representation of that mark or sign and the goods and services in respect of which such protection is claimed.
(5) The registrar shall send a copy of Form TM26(I) and the statement of the grounds on which the application is made to the proprietor.
(6) The proprietor shall, within two months of the date on which a copy of Form TM26(I) and the statement was sent by the registrar, file a Form TM8, which shall include a counter-statement, otherwise the registrar may treat the proprietor as not opposing the application and registration of the mark shall, unless the registrar otherwise directs, be declared invalid.
(7) The registrar shall send a copy of Form TM8 to the applicant.
42.—(1) Where the proprietor has filed Form TM8, the registrar shall send notice to the applicant inviting the applicant to file evidence in support of the grounds on which the application is made and any submissions and to send a copy to all the other parties.
(2) The registrar shall specify the periods within which evidence and submissions may be filed by the parties.
(3) Where—
(a) the application is based on an earlier trade mark of a kind falling within section 6(1)(c); or
(b) the application or part of it is based on grounds other than those set out in section 5(1) or (2); or
(c) the truth of a matter set out in the statement of use is either denied or not admitted by the proprietor,
the applicant shall file evidence supporting the application.
(4) Where the applicant files no evidence under paragraph (3), the applicant shall be deemed to have withdrawn the application to the extent that it is based on—
(a) the matters in paragraph (3)(a) or (b); or
(b) an earlier trade mark which has been registered and is the subject of the statement of use referred to in paragraph (3)(c).
(5) The registrar may, at any time give leave to either party to file evidence upon such terms as the registrar thinks fit.
43.—(1) This rule applies where—
(a) an application for registration is treated as abandoned under rule 18(2);
(b) the registration of a mark is revoked under rule 38(6) or rule 39(3); or
(c) the registration of a mark is declared invalid under rule 41(6),
and the applicant or the proprietor (as the case may be) claims that the decision of the registrar to treat the application as abandoned or revoke the registration of the mark or declare the mark invalid (as the case may be) (“the original decision”) should be set aside on the grounds set out in paragraph (3).
(2) Where this rule applies, the applicant or the proprietor shall, within a period of six months beginning with the date that the application was refused or the register was amended to reflect the revocation or the declaration of invalidity (as the case may be), file an application on Form TM29 to set aside the decision of the registrar and shall include evidence in support of the application and shall copy the form and the evidence to the other party to the original proceedings under the rules referred to in paragraph (1).
(3) Where the applicant or the proprietor demonstrates to the reasonable satisfaction of the registrar that the failure to file Form TM8 within the period specified in the rules referred to in paragraph (1) was due to a failure to receive Form TM7, Form TM26(N), Form TM26(O) or Form TM26(I) (as the case may be), the original decision may be set aside on such terms and conditions as the registrar thinks fit.
(4) In considering whether to set aside the original decision the matters to which the registrar must have regard include whether the person seeking to set aside the decision made an application to do so promptly upon becoming aware of the original decision and any prejudice which may be caused to the other party to the original proceedings if the original decision were to be set aside.
44.—(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 with regard to the filing of subsequent evidence and upon such terms as the registrar thinks fit.
45.—(1) Any person, other than the registered proprietor, claiming to have an interest in proceedings on an application under rule 38, 39, 41 or 44, may file an application to the registrar on Form TM27 for leave to intervene, stating the nature of the person’s interest and the registrar may, after hearing the parties concerned if they request a hearing, refuse leave or grant leave upon such terms and conditions (including any undertaking as to costs) as the registrar thinks fit.
(2) Any person granted leave to intervene shall, subject to any terms and conditions imposed in respect of the intervention, be treated as a party to the proceedings for the purposes of the application of the provisions of rules 38 to 40, 41 and 42 or 44 (as appropriate) and rules 62 to 73.
46. The register required to be maintained by the registrar under section 63(1) need not be kept in documentary form.
47. In addition to the entries in the register of registered trade marks required to be made by section 63(2)(a), there shall be entered in the register in respect of each trade mark the following particulars—
(a) the date of registration as determined in accordance with section 40(3) (that is to say, the date of the filing of the application for registration);
(b) the date of completion of the registration procedure;
(c) the priority date (if any) to be accorded pursuant to a claim to a right to priority made under section 35 or 36;
(d) the name and address of the proprietor;
(e) the address for service (if any) filed under rule 11;
(f) any disclaimer or limitation of rights under section 13(1)(a) or (b);
(g) any memorandum or statement of the effect of any memorandum relating to a trade mark of which the registrar has been notified on Form TM24;
(h) the goods or services in respect of which the mark is registered;
(i) where the mark is a collective or certification mark, that fact;
(j) where the mark is registered pursuant to section 5(5) with the consent of the proprietor of an earlier trade mark or other earlier right, that fact;
(k) where the mark is registered pursuant to a transformation application,
(i) the number of the international registration, and
(ii) either:—
(aa) the date accorded to the international registration under Article 3(4), or
(bb) the date of recordal of the request for extension to the United Kingdom of the international registration under Article 3ter,
as the case may be, of the Madrid Protocol;
(l) where the mark arises from the conversion of a Community trade mark or an application for a Community trade mark, the number of any other registered trade mark from which the Community trade mark or the application for a Community trade mark claimed seniority and the earliest seniority date.
48. Upon application made to the registrar by such person as is mentioned in section 25(1)(a) or (b) there shall be entered in the register in respect of each trade mark the following particulars of registrable transactions together with the date on which the entry is made —
(a) in the case of an assignment of a registered trade mark or any right in it—
(i) the name and address of the assignee,
(ii) the date of the assignment, and
(iii) where the assignment is in respect of any right in the mark, a description of the right assigned;
(b) in the case of the grant of a licence under a registered trade mark—
(i) the name and address of the licensee,
(ii) where the licence is an exclusive licence, that fact,
(iii) where the licence is limited, a description of the limitation, and
(iv) the duration of the licence if the same is or is ascertainable as a definite period;
(c) in the case of the grant of any security interest over a registered trade mark or any right in or under it—
(i) the name and address of the grantee,
(ii) the nature of the interest (whether fixed or floating), and
(iii) the extent of the security and the right in or under the mark secured;
(d) in the case of the making by personal representatives of an assent in relation to a registered trade mark or any right in or under it—
(i) the name and address of the person in whom the mark or any right in or under it vests by virtue of the assent, and
(ii) the date of the assent;
(e) in the case of a court or other competent authority transferring a registered trade mark or any right in or under it—
(i) the name and address of the transferee,
(ii) the date of the order, and
(iii) where the transfer is in respect of a right in the mark, a description of the right transferred; and
(f) in the case of any amendment of the registered particulars relating to a licence under a registered trade mark or a security interest over a registered trade mark or any right in or under it, particulars to reflect such amendment.
49.—(1) An application to register particulars of a transaction to which section 25 applies or to give notice to the registrar of particulars of a transaction to which section 27(3) applies shall be made—
(a) relating to an assignment or transaction other than a transaction referred to in sub-paragraphs (b) to (d) below, on Form TM16;
(b) relating to a grant of a licence, on Form TM50;
(c) relating to an amendment to, or termination of a licence, on Form TM51;
(d) relating to the grant, amendment or termination of any security interest, on Form TM24; and
(e) relating to the making by personal representatives of an assent or to an order of a court or other competent authority, on Form TM24.
(2) An application under paragraph (1) shall—
(a) where the transaction is an assignment, be signed by or on behalf of the parties to the assignment;
(b) where the transaction falls within sub-paragraphs (b), (c) or (d) of paragraph (1), be signed by or on behalf of the grantor of the licence or security interest,
or be accompanied by such documentary evidence as suffices to establish the transaction.
(3) Where an application to give notice to the registrar has been made of particulars relating to an application for registration of a trade mark, upon registration of the trade mark, the registrar shall enter those particulars in the register.
The Trade Marks Rules 2008