Regulation 55. Death of applicant before registration.
(1) If an applicant for the registration of trade mark dies -
(a) after his application has been made and before the mark has been entered on the Register; and
(b) another person proves to the satisfaction of the Registrar that he enjoys the same rights in, or in respect of, the mark that the applicant enjoyed,
the application shall, subject to subregulation (2), proceed in that other person's name and regulations 52 and 53 shall apply as if that other person were the applicant.
(2) Before a person may be substituted on an application for registration under subregulation (1), he shall file Form TM 26 accompanied by the prescribed fee and regulation 26 shall apply.
