32
CAP. 43]
Trade Marks
[1986 Ed.
Variation or cancellation of registration as a registered user.
1938 c. 22, s. 28(8) and (10).
Notification of registration as registered user and of application for variation or cancellation of such registration. 1938 c. 22, s. 28(9).
Registrar's decision subject to appeal to Court.
1938 c. 22, s. 28(11).
institute proceedings for infringement in his own name as if he were the proprietor, making the proprietor a defendant.
(2) A proprietor so added as defendant shall not be liable for any costs unless he enters an appearance and takes part in the proceedings.
60. (1) Without prejudice to the provisions of section 48, the registration of a person as a registered user-
(a) may be varied by the Registrar as regards the goods in respect of which, or any conditions or restrictions subject to which, it has effect, on the application in writing in the prescribed manner of the registered proprietor of the trade mark to which the registration relates;
(b) may be cancelled by the Registrar on the application in writing in the prescribed manner of the registered proprietor or of the registered user or of any other registered user of the trade mark; or
(c) may be cancelled by the Registrar on the application in writing in the prescribed manner of any person on any of the following grounds, that is to say-
(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;
or
(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.
(2) The Registrar may at any time cancel the registration of a person as a registered user of a trade mark in respect of any goods in respect of which the trade mark is no longer registered.
61. Provision shall be made by the rules for the notification of the registration of a person as a registered user to any other registered user of the trade mark, and for the notification of an application under section 60 to the registered proprietor and each registered user (not being the applicant) of the trade mark, and for giving to the applicant on such an application, and to all persons to whom such an application is notified and who intervene in the proceedings in accordance with the rules, an opportunity of being heard.
62. Any decision of the Registrar under sections 58 and 60 shall be subject to appeal to the Court.