PART VI

MISCELLANEOUS

 

134. Form for conversion of pending application.- (1) A notice to the Registrar under paragraph 11 of the Fourth Schedule to the Ordinance, claiming to have the registrability of the mark determined in accordance with the provisions of the Ordinance, shall be in the form as set out in Form TM-44.

 

(2) Where an application for registration of trade mark made under the old law is advertised on or after these rules comes into force, the period within which notice of opposition may be filed shall be governed under these rules and not under rules hereby repealed.

 

135. Repeal and savings.- (1) The Revised Trade Marks Rules, 1963, are hereby repealed.

 

(2) Except as provided by these rules, anything done, any action taken, any proceedings commenced or any order made under or in pursuance of the Revised Trade Marks Rules, 1963, shall be deemed to have been done, taken, commenced or made under or in pursuance of these rules.

 

(3) Except as provided under rule 134, where-

(a)        immediately before these rules come into force, any time or period prescribed by the Revised Trade Marks Rules, 1963, has effect in relation to any act or proceedings and has not expired; and

(b)        the corresponding time or period prescribed by these rules would have expired or would expire earlier, the time or period prescribed by the Revised Trade Marks Rules, 1963, and not by these rules, shall apply to that act or proceedings.