TRADE MARKS ACT (2) The use of a trade mark by a registered user thereof in relation to goods or services— (a) with which he is connected in the course of trade; and (b) in respect of which for the time being the trade mark remains registered and he is registered as a registered user; being use such as to comply with any conditions or restrictions to which his registration is subject, is in this Act referred to as the “permitted use” thereof. (3) The permitted use of a trade mark shall be deemed to be use by the proprietor thereof and shall be deemed not to be use by a person other than the proprietor for the purposes of section thirty-one and for any other purpose for which such use is material under this Act or any other law. (4) Subject to any agreement subsisting between the parties, a registered user of a trade mark shall be entitled to call upon the proprietor thereof to take proceedings to prevent infringement thereof and, if the proprietor refuses or neglects to do so within two months after being so called upon, the registered user may institute proceedings for infringement in his own name as if he were the proprietor, making the proprietor a defendant: Provided that a proprietor added as defendant in terms of this subsection shall not be liable for any costs unless he enters an appearance and takes part in the proceedings. (5) Where it is proposed that a person should be registered as a registered user of a trade mark, the proprietor and the proposed registered user shall apply in writing to the Registrar in the prescribed manner and shall furnish him with such documents, information or evidence as may be prescribed or required by the Registrar. (6) When the requirements of subsection (5) have been complied with, if the Registrar, after considering the information furnished to him under that subsection, is satisfied that in all the circumstances the use of the trade mark in relation to the proposed goods or services or any of them by the proposed registered user, subject to any conditions or restrictions which the Registrar thinks right, would not be contrary to the public interest, the Registrar may register the proposed registered user, with effect from the date of the application or such later date as the Registrar thinks fit, as a registered user in respect of the goods or services as to which he is so satisfied. (7) The Registrar shall refuse an application in terms of subsection (5) if it appears to him that the grant thereof would tend to facilitate trafficking in a trade mark. (8) Without derogation from section thirty-seven, the registration of a person as a registered user— (a) may be varied by the Registrar as regards the goods or services in respect of which, or any conditions or restrictions subject to which, it has effect, on application in writing in the prescribed manner by the registered proprietor of the trade mark to which the registration relates; or (b) may be extended by the Registrar, on application in writing by the registered proprietor, for a further period; or (c) may be cancelled by the Registrar, on application in writing in the prescribed manner by the registered proprietor or any registered user of the trade mark; or (d) may be cancelled by the Registrar, on application in writing in the prescribed manner by any person on any of the following grounds, that is to say— 101 ss 30–32 [Chapter 26:04]