Act 17
Trademarks Act
2010
proper, would not be contrary to the public interest, the registrar may
register the proposed registered user as a registered user in respect of
the goods or services as to which he or she is satisfied.
(9) The registrar shall refuse an application under subsection (6)
if it appears to him or her that the grant of the application would tend
to facilitate trafficking in a trademark.
(10) The registrar shall, if required by an applicant, take steps for
securing that the information given for the purposes of an application
under subsection (7) other than the matter entered in the register is not
disclosed to rivals in trade.
50. Variation or cancellation of registration as a registered user.
(1) Without prejudice to section 79, the registration of a person
as a registered user may be—
(a) varied by the registrar as regards the goods or services in
respect of which or any conditions or restrictions subject to
which, it has effect, on application in the prescribed manner
by the registered owner of the trademark to which the
registration relates;
(b) cancelled by the registrar on application in the prescribed
manner by the registered owner or by the registered user or
by any of other registered user of the trademark; or
(c) cancelled by the registrar on application in the prescribed
manner by a person on any of the following grounds that(i)
the registered user has used the trademark otherwise
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) the owner or the registered user misrepresented or
failed to disclose some fact material to the application
for the registration or that the circumstances have
materially changed since the date of the registration; or
50
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