32
CAP. 506
Trade Marks
[Rev. 2009
without limit of period, and if for a period the duration
thereof,
and with such further documents, information or evidence as may be
required under the rules or by the Registrar.
(5) When the requirements of subsection (4) 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 services or any of
them by the proposed licensee 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 licensee as a licensee
in respect of the goods or services as to which he is so satisfied subject
as aforesaid.
(6) 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.
(7) The Registrar shall, if so required by an applicant, take steps
for securing that information given for the purposes of an application
under the foregoing provisions of this section (other than matter entered
in the register) is not disclosed to rivals in trade.
(8) Without prejudice to the provisions of section 35, the
registration of a person as a licensee may be (a) 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 the application in writing in the
prescribed manner of the registered proprietor of the trade
mark to which the registration relates;
(b) cancelled by the Registrar on the application in writing in
the prescribed manner of the registered proprietor or of the
licensee or of any other licensee of the trade mark; or
(c) cancelled by the Registrar on the application in writing in
the prescribed manner of any person on any of the following
grounds (i) that the licensee 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 licensee misrepresented, or