(a)
may be varied by the Registrar as regards the goods or services in
respect of which, or any conditions or restrictions subject to which, it has effect, on
application in writing in the prescribed manner by the registered proprietor of the
trade mark to which the registration relates; or
(b)
may be extended by the Registrar, on application in writing by the
registered proprietor, for a further period; or
(c)
may be cancelled by the Registrar, on application in writing in the
prescribed manner by the registered proprietor or any registered user of the trade
mark; or
(d)
may be cancelled by the Registrar, on application in writing in the
prescribed manner by any person on any of the following grounds, that is to say—
(i)
that the registered user has used the trade mark otherwise than by way
of the permitted use or in such a way as to cause or to be likely to cause deception or
confusion;
(ii)
that the proprietor or the registered user misrepresented or failed to
disclose some fact material to the application for the registration or that the
circumstances have materially changed since the date of the registration;
(iii)
that the registration ought not to have been effected, having regard to
rights vested in the applicant by virtue of a contract in the performance of which he is
interested.
(9) Provision shall be made in regulations made in terms of section one hundred and
four for—
(a)
the notification of the registration of a person as a registered user to
any other registered user of the trade mark; and
(b)
the notification of an application under subsection (8) to the registered
proprietor and each registered user, other than the applicant, of the trade mark; and
(c)
giving to the person making an application in terms of subsection (8)
and to all persons who intervene in the proceedings in accordance with the
regulations an opportunity of being heard.
(10) The Registrar shall cancel the registration of a person as a registered user of a
trade mark in respect of any goods or services in respect of which the trade mark is no
longer registered:
Provided that where the trade mark has been removed from the Register for nonpayment of the fee for renewal, if the trade mark is restored to the Register in terms of
subsection (5) of section twenty-four, the Registrar shall restore the registration of the
registered user unless the proprietor of the trade mark or the registered user concerned
requests that such registration be not restored.
(11) An appeal shall lie from any decision of the Registrar under this section.
(12) Nothing in this section shall confer on a registered user of a trade mark any
assignable or transmissible right to the use thereof.
34
Proposed use of trade mark by corporation to be constituted, etc.
(1) An application for the registration of a trade mark in respect of any goods or
services shall not be refused nor shall permission for such registration be withheld on
the ground only that it appears that the applicant does not use or propose to use the
trade mark—
(a)
if the Registrar is satisfied that a body corporate is about to be
constituted and that the applicant intends to assign the trade mark to the body
corporate with a view to the use thereof in relation to those goods or services by the
body corporate; or
(b)
if the application is accompanied by an application for the registration
of a person as a registered user of the trade mark and the Registrar is satisfied that—
(i)
the proprietor intends it to be used by that person in relation to those
goods or services; and
(ii)
that person will be registered as a registered user thereof immediately
after the registration of the trade mark.