ss 27–30
TRADE MARKS ACT
(2) Where a trade mark that is registered or is the
subject of an application for registration in respect of
any goods or services—
(a) is identical with another trade mark that is
registered or is the subject of an application for
registration in the name of the same proprietor
in respect of the same goods or services or description of goods or services; or
(b) so nearly resembles another trade mark such
as is referred to in paragraph (a) as to be likely
to deceive or cause confusion if used by a person other than the proprietor;
the Registrar may at any time require that the trade
marks shall be entered on the Register as associated
trade marks.
(3) Where a trade mark and any part or parts
thereof are, by virtue of subsection (1) of section
twenty-five, registered as separate trade marks in the
name of the same proprietor, they shall be deemed to
be, and shall be registered as, associated trade marks.
(4) All trade marks that are, by virtue of section
twenty-six, registered as a series in one registration
shall be deemed to be, and shall be registered as,
associated trade marks.
(5) On application made in the prescribed manner
by the registered proprietor of two or more trade
marks registered as associated trade marks, the
Registrar may dissolve the association as respects any
of them if he is satisfied that there would be no
likelihood of deception or confusion being caused if
that trade mark were used by another person in
relation to any of the goods or services in respect of
which it is registered and may amend the Register
accordingly.
(6) An appeal shall lie from any decision of the
Registrar under this section.
Provided that, except where the applicant has been
permitted under subsection (2) of section fifteen to
register an identical or nearly resembling trade mark
in respect of the goods or services in question or
where the Tribunal or the Registrar, as the case may
be, is of the opinion that he might properly be
permitted so to register such a trade
PART VII
USE AND NON-USE
31 Removal from Register and imposition of
limitation
(1) Subject to section thirty-two, a registered trade
mark may be removed from the Register in respect of
any of the goods or services in respect of which it is
registered 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 on
the ground that—
(a) the trade mark was registered without any
bona fide intention on the part of the applicant
for registration that it should be used in relation to those goods or services by him and that
there has in fact been no bona fide use of the
trade mark in relation to those goods or services by any proprietor thereof for the time being up to the date one month before the date of
the application; or
(b) up to the date one month before the date of the
application a continuous period of five years or
longer elapsed during which—
(i) the trade mark was a registered trade
mark; and
(ii) there was no bona fide use thereof in
relation to those goods or services by any
proprietor thereof for the time being:
[Chapter 26:04]
98
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