ss 32–33 TRADE MARKS ACT liable to be taken off the Register in respect of those goods or services under section thirty-one. (2) The registered proprietor of a trade mark may— (a) in terms of subsection (1) apply for the registration thereof in respect of any goods or services as a defensive trade mark. notwithstanding that it is already registered in his name in respect of those goods or services otherwise than as a defensive trade mark; or (b) apply for the registration thereof in respect of any goods or services otherwise than as a defensive trade mark. notwithstanding that it is already registered in his name in respect of those goods or services as a defensive trade mark; in lieu in each case of the existing registration. (3) A trade mark registered as a defensive trade mark and that trade mark as otherwise registered in the name of the same proprietor shall, notwithstanding that the respective registrations are in respect of different goods or services, be deemed to be, and shall be registered as, associated trade marks. (4) On application by any person aggrieved to the Tribunal or, at the option of the applicant and subject to section seventy-seven, to the Registrar, the registration of a trade mark as a defensive trade mark may be cancelled— (a) on the ground that the requirements of subsection (1) are no longer satisfied in respect of any goods or services in respect of which the trade mark is registered in the name of the same proprietor otherwise than as a defensive trade mark; or (b) as respects any goods or services in respect of which it is registered as a defensive trade mark on the ground that there is no longer any likelihood that the use of the trade mark in relation to those goods or services would be taken as giving the indication mentioned in subsection (1). (5) The Registrar may at any time cancel in the prescribed manner the registration of a defensive trade mark if the registration of a trade mark in Part A of the Register upon which the registration of the defensive trade mark is wholly based— (a) is assigned to a different proprietor without the goodwill of the business relating to the goods or services in respect of which that trade mark was registered; or (b) is removed from the Register: Provided that where a defensive trade mark is removed in terms of this paragraph if the trade mark upon which its registration was wholly based is restored to Part A of the Register in terms of subsection (5) of section twentyfour, the defensive trade mark shall be restored to Part D of the Register. (6) Except as otherwise expressly provided in this section, this Act shall apply in respect of the registration of trade marks as defensive trade marks and of trade marks so registered as they apply in other cases and section eight relating to the infringement of a trade mark registered in Part A of the Register shall apply to the infringement of any defensive trade mark [Chapter 26:04] registered in terms of this section if that registration is valid. 33 Registered users (1) Subject to this section, a person other than the proprietor of a trade mark registered in Part A or Part B of the Register may be registered as a registered user thereof in respect of all or any of the goods or services in respect of which that trade mark is registered. 100