relationship that the proposed registered user shall be the sole registered user or that there shall
be any other restriction as to persons for whose registration as registered users application may
be made;
(b)
stating the goods in respect of which registration is proposed;
(c)
stating any conditions or restrictions proposed with respect of the characteristics of the goods,
to the mode or place of permitted use, or to any other matter; and
(d)
stating whether the permitted use is to be for a period or without limit of period, and, if for a
period, the duration thereof, and shall also furnish the Registrar with such further documents,
information or evidence as may be required under the Regulations or by the Registrar.
(2)
When the requirements of the foregoing subsection have been complied with, if the Registrar,
after considering the information furnished to him under that subsection, is satisfied that in all the
circumstances the use of the trade mark in relation to the proposed goods or any of them by the
proposed registered user, subject to any conditions or restrictions which the Registrar thinks proper,
would not be contrary to the public interest, the Registrar may register the proposed registered user
as a registered user in respect of the goods as to which he is so satisfied, subject as aforesaid.
(3)
The Registrar shall refuse an application under the foregoing provisions of this section if it
appears to him that the grant thereof would tend to facilitate trafficking in a trade mark.
(4)
The Registrar shall, if so required by an applicant, take steps for securing that information given
for he purpose of an application under the foregoing provisions of this section (other than matter
entered in the register) is not disclosed to rivals in trade.
(5)
Without prejudice to he provisions of section 38 of this Act, he registration of a person as a
registered user (a)
may be varied by he Registrar as regards the goods in respect of which, or any conditions or
restrictions subject to which, it has effect, on the application in writing in the prescribed manner
of the registered proprietor of the trade mark to which the registration relates;
(b)
may be cancelled by the Registrar on the application in writing in the prescribed manner of the
registered proprietor or of the registered user or of any other registered user of the trade mark; or
(c)
may be cancelled by the Registrar on the application in writing in the prescribed manner of
any person on any of the following grounds, that is to say (i)
that the registered user has used the trade mark other wise 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 he application for the registration, or that the circumstances have materially
changed since he date of the registration,
(iii)
that he 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.
(6)
Provision shall be made by the Regulations for the notification of the registration of a person as a
registered user to any other registered user of the trade mark, and for the notification of an
application under the last foregoing subsection to the registered proprietor and each registered user
(not being the applicant) of the trade mark, and for giving to the applicant on such an application,
and to all persons to whom such an application is notified and who intervene in the proceedings in
accordance with the Regulations, an opportunity of being heard.
(7)
The Registrar may at any time cancel the registration of a person as a registered user of a trade
mark in respect of any goods in respect of which the trade mark is no longer registered.