Surrender of registered mark

(1) When a registered owner of a registered mark wishes to surrender registration of a mark pursuant to section 45 of the Act, he must submit to the Registrar an application to surrender in Form No. 19, together with the prescribed fee. (2) The Registrar on receipt of a surrender in accordance with this rule shall record the surrender in the register for all or any part of the goods or services in the registration as set out in the application to surrender and shall advise the applicant in writing of the action taken, provided that when a licence-contract is recorded in the register for a mark, a surrender made in respect of the mark may not be recorded in the register unless the surrender contains a statement that it was made with the consent of the licensee under the licence-contract. (3) The proviso to subrule (2) does not apply if the licence- contract relating to the mark referred to in that proviso expressly waives the right of the licensee under the licence-contract to prevent the recording of a surrender without his consent. Transfer of Mark