(a)
may be cancelled on the ground that the requirements of subsection (1) of this section, are no
longer satisfied in respect of any goods in respect of which the trade mark is registered in the
name of the same proprietor otherwise than as a defensive trade mark; or
(b)
may be cancelled as respects any goods in respect of which it is registered as a defensive trade
mark on the ground that there is no longer any likelihood that the use of the trade mark in
relation to those goods would be taken as giving the indication mentioned in the said subsection
(1).
(5)
The Registrar may at any time cancel the registration as a defensive trade mark of a trade mark of
which there is no longer any registration in the name of the same proprietor otherwise than as a
defensive trade mark..
(6)
Except as otherwise expressly provided in this section, the provisions of this Act shall apply in
respect of the registration of trade marks as defensive trade marks and of trade marks so registered as
they apply in other cases.
33. (1)
(2)
Subject to the provision of this and the next following section, a person other than the proprietor
of a trade mark may be registered as a registered user thereof in respect of all or any of the goods in
respect of which it is registered (otherwise than as a defensive trade mark) and either with or without
conditions or restrictions.
The use of a trade mark by a registered user thereof in relation to goods-
(a)
(b)
with which he is connected in the course of trade; and
in respect of which for the time being the trade mark remains registered and he is registered as
a registered user, in this Act referred to as "the permitted use" of that trade mark:
Provided that where the registration of a person as a registered user is subject to any conditions
or restrictions, the permitted use in his case does not include any use which does not comply
with those conditions or restrictions.
(3)
For the purposes of section 31 of this Act and for any other purpose for which the use of a trade
mark is material under this Act or at common law, he permitted use of a trade mark shall be deemed(a)
to be use by the proprietor thereof; and
(b)
not to be use by a person other than the proprietor.
(4)
Subject to any agreement subsisting between he parties, a registered user of a trade mark shall be
entitled to call upon the proprietor thereof to take proceedings to prevent in fringement thereof, and,
if the proprietor refuses or neglects to do so within two months after being so called upon, the
registered user may institute proceedings for infringement in his own name as if he were the
proprietor, making the proprietor a defendant:
Provided that a proprietor so added as defendant shall not be liable for any costs unless he enters an
appearance and takes part in the proceedings.
(5)
Nothing in this section shall confer on a registered user of a trade mark any assignable or
transmissible right to the use thereof.
34. (1)
(a)
Where it is proposed that a person should be registered as a registered user of a trade mark, the
proprietor and the proposed registered user shall apply in writing to the Registrar in the prescribed
manner and shall furnish him with a statutory declaration made by he proprietor, or by some person
authorised to act on his behalf and approved by the Registrar.
giving particulars of the relationship, existing or proposed, between the proprietor and he
proposed registered user, including particulars showing the degree of control by the proprietor
over the permitted use which their relationship will confer and whether it is a term of their