ss 32–33
TRADE MARKS ACT
(i) that the registered user has used the
trade mark otherwise than by way of the
permitted use or in such a way as to
cause or to be likely to cause deception
or confusion;
(ii) that the proprietor or the registered user
misrepresented or failed to disclose some
fact material to the application for the
registration or that the circumstances
have materially changed since the date of
the registration;
(iii) that the registration ought not to have
been effected, having regard to rights
vested in the applicant by virtue of a contract in the performance of which he is
interested.
(9) Provision shall be made in regulations made in
terms of section one hundred and four for—
(a) the notification of the registration of a person
as a registered user to any other registered user
of the trade mark; and
(b) the notification of an application under
subsection (8) to the registered proprietor and
each registered user, other than the applicant,
of the trade mark; and
(c) giving to the person making an application in
terms of subsection (8) and to all persons who
intervene in the proceedings in accordance
with the regulations an opportunity of being
heard.
(10) The Registrar shall cancel the registration of a
person as a registered user of a trade mark in respect
of any goods or services in respect of which the trade
mark is no longer registered:
Provided that where the trade mark has been removed from the Register for non-payment of the fee
for renewal, if the trade mark is restored to the
Register in terms of subsection (5) of section twentyfour, the Registrar shall restore the registration of the
registered user unless the proprietor of the trade mark
or the registered user concerned requests that such
registration be not restored.
(11) An appeal shall lie from any decision of the
Registrar under this section.
(12) Nothing in this section shall confer on a
registered user of a trade mark any assignable or
transmissible right to the use thereof.
34 Proposed use of trade mark by
corporation to be constituted, etc.
(1) An application for the registration of a trade
mark in respect of any goods or services shall not be
refused nor shall permission for such registration be
withheld on the ground only that it appears that the
applicant does not use or propose to use the trade
mark—
(a) if the Registrar is satisfied that a body corporate is about to be constituted and that the applicant intends to assign the trade mark to the
body corporate with a view to the use thereof
in relation to those goods or services by the
body corporate; or
(b) if the application is accompanied by an
application for the registration of a person as a
registered user of the trade mark and the Registrar is satisfied that—
[Chapter 26:04]
(i) the proprietor intends it to be used by
that person in relation to those goods or
services; and
(ii) that person will be registered as a
registered user thereof immediately after
the registration of the trade mark.
(2) Section thirty-one shall have effect, in relation
to a trade mark registered by virtue of subsection (1),
as if for the reference, in paragraph (a) of subsection
(1) of that section, to intention on the part of an
applicant
for
102
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