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The Trade Marks Act, 1940

( ACT NO. V OF 1940 )

Chapter VI


Application for registration as registered user
41. (1) Where it is proposed that a person should be registered as a registered user of a trade mark, the proprietor and the proposed registered user shall make application in writing to the Registrar in the prescribed manner accompanied by an affidavit made by the proprietor, or by some person authorised to the satisfaction of the Registrar to act on his behalf,-
(a) giving particulars of the relationship, existing or proposed, between the proprietor and the proposed regis¬tered user, including particulars showing the degree of control by the proprietor over the permitted use which their relationship will confer and whether it is a term of their relationship that the proposed regis¬tered user shall be the sole registered user or that there shall be any other restriction as to persons for whose registration as registered users application may be made;
(b) stating the goods in respect of which registration is proposed;
(c) stating any conditions or restrictions proposed with respect to the characteristics of the goods, to the mode or place of permitted use, or to any other matter;
(d) stating whether the permitted use is to be for a period or without limit of period, and, if for a period, the duration thereof;
and by such further documents, information or evidence as may be required by the Registrar or as may be prescribed.
(2) When the requirements of sub section (1) have been com¬plied with, if the Registrar is satisfied that in all the circumstances the use of the trade mark in respect of the proposed goods or any of them by the proposed registered user subject to any conditions or restrictions which the Registrar may think proper, would not be contrary to the public interest, the Registrar may register, subject as aforesaid, the proposed registered user as a registered user in respect of the goods as to which he is so satisfied.
(3) The Registrar shall refuse an application under this section if it appears to him that the grant thereof would tend to facilitate trafficking in a trade mark.
(4) The Registrar shall, if so requested by an applicant, take steps for securing that information given for the purposes of an application under this section (other than matter entered in the register) is not disclosed to rivals in trade.
(5) The Registrar shall issue notice in the prescribed manner¬-
(a) of the registration of a person as a registered user, to any other registered user of the trade mark;
(b) of an application under section 42, to the registered proprietor, and each registered user (not being the applicant) of the trade mark.

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Ministry of Law, Justice and Parliamentary Affairs