ss 32–33 TRADE MARKS ACT (i) that the registered user has used the trade mark 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) that the proprietor 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; (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 in regulations made in terms of section one hundred and four for— (a) the notification of the registration of a person as a registered user to any other registered user of the trade mark; and (b) the notification of an application under subsection (8) to the registered proprietor and each registered user, other than the applicant, of the trade mark; and (c) giving to the person making an application in terms of subsection (8) and to all persons who intervene in the proceedings in accordance with the regulations an opportunity of being heard. (10) The Registrar shall cancel the registration of a person as a registered user of a trade mark in respect of any goods or services in respect of which the trade mark is no longer registered: Provided that where the trade mark has been removed from the Register for non-payment of the fee for renewal, if the trade mark is restored to the Register in terms of subsection (5) of section twentyfour, the Registrar shall restore the registration of the registered user unless the proprietor of the trade mark or the registered user concerned requests that such registration be not restored. (11) An appeal shall lie from any decision of the Registrar under this section. (12) Nothing in this section shall confer on a registered user of a trade mark any assignable or transmissible right to the use thereof. 34 Proposed use of trade mark by corporation to be constituted, etc. (1) An application for the registration of a trade mark in respect of any goods or services shall not 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— (a) if 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 body corporate with a view to the use thereof in relation to those goods or services by the body corporate; or (b) if the application is accompanied by an application for the registration of a person as a registered user of the trade mark and the Registrar is satisfied that— [Chapter 26:04] (i) the proprietor intends it to be used by that person in relation to those goods or services; and (ii) that person will be registered as a registered user thereof immediately after the registration of the trade mark. (2) Section thirty-one shall have effect, in relation to a trade mark registered by virtue of subsection (1), as if for the reference, in paragraph (a) of subsection (1) of that section, to intention on the part of an applicant for 102