IPfNl1 /GHA/T/l Page 27 30@ (1) Where under this Act use of a registered trade mark is required to be proved for any purpose, the Court or the Registrar (as the case may be) may accept use of an associated registered trade mark, or of the trade mark with additions or alterations not sub"stantially affecting its identity, as an equivalent for the use, required to be proved. (2) The use of the whole of a registered trade mark shall for the purposes of this Act be deemed to, be also a use of any registered trade mark, being a part thereof, registered in the name of the same proprietor by virtue of subsection (1). of section 21 of this Act. 31~ The application in Ghana of a trade mark to goods to be exported from Ghana, and, any other act done in Ghana in relation to goods to be so exported which, if done in relation to goods to be sold or otherwise traded in within Ghana, would constitute use of a trade mark therein, shall be deemed to 'constitute use of the trade mark in relation to those goods for any purpose for which that use is material under this Act. or at' common law. Use of ope of as~oclated; ~:a~~i;HY' identical ~:~i~a~~~~~ use of another. Use of trade mark for export trade. 32@ (1) Any person aggrieved by the non-insertion in or omission General from the register of any entry, or by any entry: made in the register po~~r to without sufficient cause, or by any entry wrongly remaining on the ~~~~i~ register, or by any error or defect in any entry in the register, may in register. apply in the prescribed manner to the Court Of, at the option of the applicant and subject to section 50 of this Act, to the Registrar, and tile Court or the Registrar (as the case may be) may make such order for making, expunging or varying the entry as the Court or the Registrar (as the case may be) may think fit" . (2) The Court or the Registrar (as 'the case may be) may in any proceeding under this section decide any question that it may. be necessary or expedient to decide in connection. with. the rectifi... cation. of the, register. (3) In, case of fraud in the, registration, assignment or transmission of a registered trade mark, or in any other case in which he considers it to be 'necessary. in the, public interest, the Registrar may himself apply to the Court under this section, . (4) Any· order of the Court rectifying the, register shall direct that notice of the rectification, shall be. served in the prescribed manner on the. Registrar; and. the Registrar' shall on receipt of the notice. rectifyi the, register: accordingly, (5} The power to rectify the register conferred by this section shall include power to remove a registration in Part A of the register to Part B. Power to 33. On application by any person aggrieved to the Court Of, expunge or vary registra- at the option of the applicant and subject to section 50 of this Act, to the Registrar or on application by the Registrar to the Court, tion for breach of the Court or the Registrar (as the case may be) may make such condition" order as the Court or the Registrar (as the case may be) may think fit for expunging or varying the registration of a trade mark on the ground of any contravention of, or failure to observe, a condition entered on the register in relation thereto e

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