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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