68. Application for entry of assignment or transmission
.-An application to register the title of a person who becomes entitled by assignment or transmission to a registered trade mark shall be made in Form TM-24 or TM-23 according as it is made by such person alone or conjointly with the registered proprietor.[***] [Substituted by Notification No. G.S.R. 428 (E) dated 20.5.2010 (w.e.f. 26.2.2002)][70. Case accompanying application. - (I) A person applying for registration of his title, under rule 68, shall, along with his request on form TM-23 or TM-24, file original document, duly stamped original instrument or deed, as the case may be, purporting to transfer the title in the trade mark and a statement of case in support of his request. If the Registrar so requires, the statement of case shall be verified by an affidavit in form TM-18:Provided that the Registrar may permit the applicant to submit the duly certified copy of the jnstrument or deed, in case the applicant justifies that original instrument or deed cannot be submitted.(2)The Registrar shall dispose of an application made under rule 68 ordinarily within three months from the date of application, and intimate the same to the applicant.(3)After entry of the transfer of title, the Registrar shall return the original document, instrument or deed to the applicant applying under rule 68, along with the intimation of recordal and retain duly certified copy of the instrument or deed for records:Provided that the Registrar shall not return any affidavit filed in support of the request filed under rule 68.]
