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44.—(1) An application for rectification of an error or omission in the register under section 64(1) shall be made on Form TM26(R) together with:
(a)a statement of the grounds on which the application is made; and
(b)any evidence to support those grounds.
(2) Where any application is made under paragraph (1) by a person other than the proprietor of the registered trade mark the registrar—
(a)shall send a copy of the application and the statement, together with any evidence filed, to the proprietor; and
(b)may give such direction with regard to the filing of subsequent evidence and upon such terms as the registrar thinks fit.
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