28
CAP. 506
Trade Marks
[Rev. 2009
the register.
(2) Any decision of the Registrar under this section shall be subject
to appeal to the court.
(3) Except for the purposes of an appeal under this section or of
an application under section 35, a document or instrument in respect
of which no entry has been made in the register in accordance with
the provisions of subsection (1) of this section shall not be admitted
in evidence in any court in proof of the title to a trade mark except as
between the parties to the document or instrument unless the court
otherwise directs.
Part V - Use And Non-use
Removal from
register and
imposition of
limitations on ground
of non-use.
5 of 1994.
29. (1) Subject to the provisions of section 30, a registered trade
mark may be taken off the register in respect of any of the goods or
services in respect of which it is registered on application by any person
aggrieved to the court or, at the option of the applicant and subject to the
provisions of section 53, to the Registrar, on the ground that either (a) the trade mark was registered without any bona fide intention
on the part of the applicant for registration that it should be
used in relation to those goods or services by him, and that
there has in fact been no bona fide use of the trade mark in
relation to those goods or services by any proprietor thereof
for the time being up to the date one month before the date
of the application; or
(b) up to the date one month before the date of the application
a continuous period of five years or longer elapsed during
which the trade mark was a registered trade mark and
during which there was no bona fide use thereof in relation
to those goods or services by any proprietor thereof for the
time being:
Provided that (except where the applicant has been permitted
under subsection (2) of section 15 to register an identical or nearly
resembling trade mark in respect of the goods or services in question or
where the tribunal is of opinion that he might properly be permitted so to
register such a trade mark) the tribunal may refuse an application made
under paragraph (a) or (b) of this subsection in relation to any goods or
services, if it is shown that there has been, before the relevant date or
during the relevant periods as the case may be, bona fide use of the trade
mark by any proprietor thereof for the time being in relation to(i) the services of the same description; or