Rule 97

97. Application to rectify or remove a trademark from the register.-

An application to the Registrar under Section 47, 57, 68 or 77 for the making, expunging or varying of any entry relating to a trademark or a collective trademark or certification trademark in the register shall be made in Form TM-0, as the case may be, and shall be accompanied by a statement in setting out fully the nature of the applicant’s interest, the facts upon which he bases his case and the relief which he seeks. Where the application is made by a person who is not the registered proprietor of the trademark in question, the application and the statement aforesaid shall be left at the Trade Marks Registry. In case there are registered users, such applications and statements shall be accompanied by as many copies thereof as there are registered users. A copy of each of the applications and statement shall be ordinarily transmitted within one month by the Registrar to the registered proprietor and to each of the registered users and to any other person who appears from the register to have an interest in the trademark. The application shall be verified in the manner prescribed under clause (i) of sub-rule (c) of rule 43 for verification of a notice of opposition.