Rev. 2009] Trade Marks CAP. 506 33 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; (iii) that 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 is interested. (9) Provision shall be made by the rules for the notification of the registration of a person as a licensee to any other licensee of the trade mark, and for the notification of an application under subsection (8) to the registered proprietor and each licensee (not being the applicant) of the trade mark, and for giving to the applicant on such an application, and to all persons to whom such an application is notified and who intervene in the proceedings in accordance with the rules, an opportunity of being heard. (10) The Registrar may at any time cancel the registration of a person as a licensee of a trade mark in respect of any goods or services in respect of which the trade mark is no longer registered. (11) A decision of the Registrar under the foregoing provisions of this section shall be subject to appeal to the court. (12) Nothing in this section shall confer on a licensee of a trade mark any assignable or transmissible right to the use thereof. 32. (1) No application for the registration of a trade mark in respect of any goods or services to be performed shall be refused, nor shall permission for such registration be withheld, on the ground only that it appears that the applicant does not use or propose to use the trade mark if (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 trade mark to the corporation with a view to the use thereof in relation to those goods or services to be performed by the corporation; or (b) the application is accompanied by an application for the registration of a person as a licensee of the trade mark, and the court or the Registrar is satisfied that the proprietor intends it to be used by that person in relation to those goods or services to be performed and the court or the Registrar is also satisfied that that person will be registered as a licensee thereof immediately after the registration of the trade mark. Proposed use of trade mark by corporation to be constituted, etc. 5 of 1994, 7 of 2007.