(1) Subject to subsections (2) to (4), sections 36 to 42 shall apply to collective marks, except that references to section 35 (b) shall be read as 35(a). (2) Any application for registration of a collective mark shall designate the mark as a collective mark and be accompanied by a copy of the terms of the agreement governing the use of the collective mark. (3) Any registered owner of a collective mark shall notify the Controller of any changes made in respect of the terms of the agreement referred to in subsection (2). (4) The Tribunal shall invalidate the registration of a collective mark where any interested person requesting the invalidation proves that the - 45. 46. (a) mark is being used exclusively by the registered owner; (b) registered owner is using or permitting its use in contravention of the terms of the agreement referred to in subsection (2); (c) registered owner is using or is permitting its use in a manner liable to deceive any person as to the origin or any other common characteristics of the goods or services concerned. Licensing of marks (1) Any licence in relation to a registered mark, shall provide for effective control by the licensor of the quality of the goods or services of the licensee in connection with which the mark is used. (2) Where the licence does not provide for such quality control or where such quality control is not effectively carried out, the licence shall not be valid. (3) The registration of a collective mark, or an application thereof, shall not be the subject matter of a licence. Trade names (1) No name or designation shall be used as a trade name where(a) by its nature or the use to which it may be put, it is contrary to public order or morality; or (b) it is liable to deceive identified by that name. any person as to nature of the enterprise (2) Notwithstanding any enactment providing for an obligation to register trade names, such names shall be protected, even prior to or without registration, against any unlawful act committed by third parties. (3) For the purposes of subsection (2), any subsequent use of the trade name by a third party, whether as a trade name or a mark or collective mark, or any such use of a similar trade name or mark, likely to mislead the public, shall be unlawful. PART VI - GENERAL PROVISIONS 47. the Changes in ownership