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.
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