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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