Act 17
Trademarks Act
2010
(iii) 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 or she is
interested.
(2) The registrar may at any time cancel the registration of a
person as a registered user of a trademark in respect of any goods or
services in respect of which the trademark is no longer registered.
51. Notification of registration as registered user and or
application for variation or cancellation of the registration.
The registrar shall—
(a) cause to be notified the registration of a person as a
registered user of a trademark to any other registered user
of the trademark;
(b) cause notice of an application under section 54 to be given
to the registered owner and each registered user of the
trademark not being the applicant;
(c) give to the applicant on application and to all person to
whom the application is notified and who intervene in the
proceedings in accordance with the regulations an
opportunity of being heard.
52. Registrar’s decision under section 50 and 51 subject to appeal.
A person aggrieved by the decision of the registrar under sections 50
and 51 may appeal to the court.
53. Proposed use of trademarks by corporation to be construed.
(1) An application for the registration of a trademark in respect of
any goods or services shall not be refused, and permission for the
registration shall not be withheld, on the ground only that it appears that
the applicant does not use or propose to use the trademark where—
(a) the court or the registrar is satisfied that a body corporate is
about to be constituted and that the applicant intends to
assign the trademark to the body corporate with a view to
the use the trademark in relation to those goods or services
by the body corporate; or
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