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30 CAP. 401] Trade Marks (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 riot disclosed to rivals in trade. (8) Without prejudice to the provisions of section thirty-seven, the registration of a person as a registered user­ (a) may be varied by the Registrar as regards .the_~ in respect of which or any conditions or restrictions subject to which it has effect, on the application in writing in the pre­ scribed manner of the registered proprietor of ~he_~rade ~ to which the registratiori relates; (b) may be cancelled by the Registrar on the application in writing in the prescribed manner of the registered propri­ etor or of the registered user or of any other registered user of the tmeJ~_!1.:1_a.r~: 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 thklntde.JIlar.k oth­ erwise 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 misrepre­ sented or failed to disclose some fact material to the application for the registration or that the circum­ stances have materially changed since the date of the registration; (iii) that the 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. (9) Provision shall be made by regulations for the notification of the registration of a person as a registered user to any other registered user of ~_J!ll.P~__rn_ark, and for the notification of an application under subsection (8) to the registered proprietor and each registered user (not being the applicant) of t~~ 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 accor­ dance with the regulations. an opportunity of being heard. (10) The Registrar may at any time cancel the registration of a person as a registered user of '!lrade mill"~ Jp_respect of any goods. in r~~<;pect of which the trade mark is no longer registered. -----. ( II) An appeal shall lie from any decision of the Registrar under this section.

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