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3.. (1) The rules deposited in respect of a certification trade
mark may, on the application of the registered proprietor, be altered
by the Registrar with the consent of the Minister..
(2) The Minister may cause aa application for his consent to.
be advertised in any case where it appears to him that it is expedient
so to do, and, where the Minister causes an application to be
advertised, if within the prescribed time from the date of the advertisement any person givesnotice to him ofopposition to the application,
he shall not decide the matter without giving the parties an OpPO!=
tunity of being heard..
·4.. (1) The' Minister may, on the: application: in the prescribed
manner of any person aggrieved or on the application of the Registrar
make such order as be thinks fit for expunging or varying any entry
in the register relating to a certification trade mark, or for varying
the deposited rules, on the ground(a) that the proprietor is no longer competent, in the case
of any of the goods in respect of which the trade mark
is registered, to certify those goods;
(b) that the proprietor has failed.. to observe a provision of
the deposited rules to' be observed on his part;
(c) that it is no longer to the public advantage that the,
trade markshould be registered; or
(d) that it is requisite for the public advantage that, if the
trade mark remains registered, the rules should be varied;
and neither the Court nor the Registrar shall have any jurisdiction
to make an order under section 32 of this Act on aDY of those grounds.
(2) TheRegistrar shall rectify the register and the deposited
rules in .such manner as may be requisite for giving effect to an order
made under sub-paragraph (1) of this paragraph,
. 5-. Notwithstanding anything in section 42 of this Act, the
Registrar shall nothave any jurisdiction to award costs tOOT against
any party on an appeal to him against a refusal of the proprietor of
a certification trade mark to certify -goods or to" authorise the use
of the trade mark.
. 6" The following provisions of this' Act shall not 'have effect in
relation to a certification trade, mark, that is to say, section 4, section-S,
section 9, sections 17 and 18 (except as expressly applied by this
Schedule), subsections (4)' to (9) of section 22,-sections 26 to 29,
section 57;' and any provisions the operation of which is limited by
the terms thereof to registration in Part B· of the register.