82. APPLICATION FOR REGISTRATION AS REGISTERED USER. -(1) An application to the Registrar for the registration under Sec. 49 of a person as a registered user of a registered trade mark shall be made jointly by that person and the registered proprietor of the trade mark on Form TM-28 and shall be accompanied by the following documents, -
(a) The agreement in writing or a duly authenticated copy thereof entered into between the registered proprietor and the proposed registered use with respect to the permitted use of the trade mark;
(b) The documents and correspondence, if any, mentioned in the agreement referred to in Cl. (a) or duly authenticated copies thereof.
(c) Agreement, if any, or duly authenticated copies thereof, entered into between the registered proprietor and the proposed registered user requiring the proposed registered user to purchase from the registered proprietor or his nominees or prohibiting him from purchasing except from the registered proprietor or his nominees, ally materials whether for the purpose of manufacturing the goods in respect of which the use of the trade mark is to be permitted or otherwise, or containing or providing for any conditions as regards the price at which such goods should be sold or the maintenance of particular prices for such goods.
(d) Omitted
(e) Omitted
(2) There shall also be filed along with the application an affidavit made by the registered proprietor or by some person authorised to the satisfaction of the Registrar to act on his behalf testifying to the genuineness of the documents accompanying the application and containing, -
(a) The particulars and statements required by Cl. (ii) of sub-section (1) of Sec. 49;
(b) The precise relationship between the registered proprietor and the proposed registered user, if any: for instance, whether their relationship is as managing agent and managed company or as principal and subsidiary company of whether there is common control between their business;
(c) A statement as to the goods in which the registered proprietor is dealing, together with details as to whether the trade mark which is the subject of application has been used by him in the course of trade before the date of the application and if so the amount and duration of such user;
(d) A statement as to whether the registered proprietor had acquired title to the trade mark by way of assignment arid, if so whether he had acquired any other trade marks by the same assignment and how he had dealt with such other marks:
(e) A statement as to whether the registered proprietor had, before the date of the application for registration as registered user, allowed the use of trade mark by any person and if so by whom; and
(f) A statement whether or not the proposed permitted use is intended solely is relation to goods for export from India.
(3) The registered proprietor and the proposed registered user shall also produce and file such other documents and furnish such other evidence and information as may be required in that behalf by the Registrar.
(4) No application shall be entertained unless the same has been filed within Eighteen months from the date of the agreement referred to in Cl. (a) of sub-rule (1).
(5) Notwithstanding anything contained in sub-rule (1), where more than one application for registration as registered user is made by the same registered proprietor and the same proposed registered user in respect of trade marks covered by the same agreement, the documents mentioned in sub-rule (1) may be filed with any one of the applications and a cross reference to such documents given in the other application or applications.
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