86. Certificate of validity to be noted.- Where
the court has certified as provided in section 112 with regard to the validity
of a registered trade mark, the registered proprietor thereof may request the
Registrar in the form as set out in Form TM-47 to add to the entry in the
Register a note that the certificate of validity has been granted in the course
of proceedings, particulars of which shall be given in the request. An
officially certified copy of the certificate shall be sent with the request,
and the Registrar shall record a note to that effect in the Register and
publish the note in the Journal.
87. Request to Registrar for search.- A
person may in the form as set out in Form TM-55 request the Registrar to cause
a search to be made in respect of specified goods or services classified in any
one class of the Fourth Schedule to ascertain whether any mark in the Register
or among pending applications for registration resembles a trade mark of which
duplicate representations accompany the form. The Registrar shall cause such
search to be made and the person making the request to be informed of the
result thereof.
88. Personal Search.- A person may also conduct
personal search on payment of the fee in respect of the specified goods or
services in any one class of the Fourth Schedule to ascertain whether any mark
in the Register or among pending applications for registration resembles a
trade mark of which he desires registration.
89. Distribution of copies of Journal and any other
document.- The Federal Government may direct the Registrar to
distribute the Journal and any other document which it may consider necessary,
to such places as may be fixed by the Federal Government in consultation with
the Provincial Governments and notified from time to time in the official
Gazette.
90. Applications made to the Court to be served on the
Registrar.- Every application to the High Court under the Ordinance
shall be served on the Registrar.
91. Exercise of discretionary power of Registrar.- The
time within which a person entitled under sub-section (2) of section 111 to an
opportunity of being heard shall exercise his option of requiring to be heard
shall, save as otherwise expressly provided in the Ordinance or these rules, be
one month from the date of a notice which the Registrar shall give to such
person before determining the matter with reference to which such person shall
be entitled to be heard, if within that month such person requires to be heard
the Registrar shall appoint a date for the hearing and shall give ten days’
notice thereof.
92. Notification of decision.- The
decision of the Registrar in the exercise of any discretionary power given to
him, by the Ordinance or these rules shall be notified to the person affected.