28 CAP. 506 Trade Marks [Rev. 2009 the register. (2) Any decision of the Registrar under this section shall be subject to appeal to the court. (3) Except for the purposes of an appeal under this section or of an application under section 35, a document or instrument in respect of which no entry has been made in the register in accordance with the provisions of subsection (1) of this section shall not be admitted in evidence in any court in proof of the title to a trade mark except as between the parties to the document or instrument unless the court otherwise directs. Part V - Use And Non-use Removal from register and imposition of limitations on ground of non-use. 5 of 1994. 29. (1) Subject to the provisions of section 30, a registered trade mark may be taken off the register in respect of any of the goods or services in respect of which it is registered on application by any person aggrieved to the court or, at the option of the applicant and subject to the provisions of section 53, to the Registrar, on the ground that either (a) the trade mark was registered without any bona fide intention on the part of the applicant for registration that it should be used in relation to those goods or services by him, and that there has in fact been no bona fide use of the trade mark in relation to those goods or services by any proprietor thereof for the time being up to the date one month before the date of the application; or (b) up to the date one month before the date of the application a continuous period of five years or longer elapsed during which the trade mark was a registered trade mark and during which there was no bona fide use thereof in relation to those goods or services by any proprietor thereof for the time being: Provided that (except where the applicant has been permitted under subsection (2) of section 15 to register an identical or nearly resembling trade mark in respect of the goods or services in question or where the tribunal is of opinion that he might properly be permitted so to register such a trade mark) the tribunal may refuse an application made under paragraph (a) or (b) of this subsection in relation to any goods or services, if it is shown that there has been, before the relevant date or during the relevant periods as the case may be, bona fide use of the trade mark by any proprietor thereof for the time being in relation to(i) the services of the same description; or