28 CAP. 401] Trade Marks (3) A trade mark registered as a defensive trade mark and that trade mark as otherwise registered in the name of the same proprietor shall, notwithstanding that the respective registrations are in respect of different goods, be deemed to be, and shall be registered as, asso­ ciated trade marks. (4) On application by any person aggrieved to the High Court or, at the option of the applicant and subject to the provisions of section sixty-four, to the Registrar, the registration of a trade mark as a defensive trade mark may be cancelled on the ground that the requirements of subsection (I) are no longer satisfied in respect of any goods in respect of which the trade mark is registered in the name of the same proprietor otherwise than as a defensive trade mark or may be cancelled as respects any goods in respect of which it is registered as a defensive trade mark on the ground that there is no longer any likelihood that the use of the trade mark in relation to those goods would be taken as giving the indication mentioned in subsection (I). (5) The Registrar may at any time cancel the registration as a defensive trade mark of a trade mark of which there is no longer any registration in the name of the same proprietor otherwise than as a defensive trade mark. (6) Except as otherwise expressly provided in this section, the provisions of this Act shall apply in respect of the registration of trade marks as defensive trade marks and of trade marks so regis­ tered as they apply in other cases, and the provisions of section nine relating to the infringement of a trade mark registered in Part A of the register shall apply to the infringement of any defensive trade mark registered in terms of this section if that registration is valid. (As amended by Act No. 17 of 1980) Registered users 33. (I) Subject to the provisions of this' section, a person other than the proprietor of a trade mark registered in eith~!...p~I1 A orf~ ~!-tlt~J~g!S~~! may be regJstered-as-i' registered user thereof in respect of all or any of the goods in respect of which it is registered (otherwise than as a certification or defensive trade mark) and either with or without conditions or restrictions. The use of a !.':ade ~'!(~ by a registered user thereof in relation to ~ood~ with which he is con­ nected in the course of trade and in respect of which for the time being the Ead~_J!lark remains registered and he is registered as a reg­ istered user, being use such as to comply with any conditions or restrictions to which his registration is subject, is in this Act referred to as the "permitted use" thereof. (2) The permitted use of a !.!:ade__J!l~ shall be deemed to be use by the proprietor thereof and shall be deemed not to be use by a per­ son other than the proprietor for the purposes of section thirty-one and for any other purpose for which such use is material under this Act or at common law.