92. PROCEDURE ON APPLICATION. -(1) The Registrar shall notify in writing applications under Sec. 52 to the registered proprietor and each registered user (not being the applicant in either case) of the trade mark.
(2) Any person notified under sub-rule (1) who intends to intervene in the proceedings, shall within one month of the receipt of such notification give notice to the Registrar on Form TM-32 to the effect and shall send therewith a statement of the grounds of his intervention. The Registrar shall thereupon serve or cause to be served copies of such notice and statement on the other parties, namely, the applicant, the registered proprietor, the registered user whose registration is the subject-matter of the proceeding in question and any other registered user who intervenes.
(3) In the case of any application made under Cl. (b) of sub-section (1) of Sec. 52 or under sub-clause (i) of Cl. (c) or under Cl. (d) of that sub-section, the applicant and any person notified under sub-rule (1) may, within such time or times as the Registrar may appoint, lead evidence in support of his case, and the Registrar after giving the parties an opportunity of being heard, may accept or refuse the applications or accept it subject to any conditions, amendments, modifications or limitations he may think right to impose and shall inform the parties in writing accordingly.
(4) In the case of an application for varying any registration under Cl. (a) of sub-section (1) of Sec. 52 or cancelling any registration on any of the grounds mentioned in sub-clause (ii) or sub-clause (iii) or sub- clause (iv) of Cl. (c) of that sub-section, the Registrar shall forward such application together with any notice on Form TM-32 and statement of case filed under sub-rule (2) to the Central Government and shall dispose of the application as directed by the Central Government and also inform the parties in writing accordingly.
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