Act 17
Trademarks Act
2010
registration in respect of any goods or services otherwise than as a
defensive trademark notwithstanding that it is already registered in
his name in respect of those goods or services as a defensive
trademark, in place of the existing registration.
(4) Subject to this section and to sections 48 and 49, this Act
shall apply in respect of the registration of trademarks relating to
goods or services as defensive trademarks and of trademarks so
registered as they apply in other cases.
48. Removal of defensive trademarks from the register.
(1) On application to the court by an aggrieved person and
subject to section 63, to the registrar—
(a) the registration under section 47(1) of a trademark as a
defensive trademark may be cancelled—
(i)
on the ground that the requirements of section 47(1) are
nolonger satisfied in respect of goods in respect of which
the trademark is registered in the name of the same
owner otherwise than as a defensive trademark; or
(ii) as regards any goods or services in respect of which it
is registered as a defensive trademark on the ground
that there is no longer any likelihood that the use of the
trademark in relation to those goods or services would
detract from its distinctive character in respect of the
goods in section 47(1).
(b) the registration under section 29(1) of a trademark as a
defensive trademark may be cancelled—
(i)
on the ground that the requirements of section 29(1)
are no longer satisfied in respect of any services in
respect of which the trademark is registered in the
name of the same owner otherwise than as a defensive
trademark; or
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