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or, if it was registered under subsection (1) of section 18, by the corporation or registered user concerned, and that there has in fact been no bona fide use of the trade mark in relation to those goods by any proprietor thereof for the time being up to the date one month before the date of the application; or
(b) that up to the date one month before the date of the application a continuous period of five years or longer elapsed during which the trade mark was a registered trade mark and during which there was no bona fide use thereof in relation to those goods by any proprietor thereof for the time being
Provided that (except where the applicant has been per- mitted under section 22 to register an identical or nearly resembling trade mark in respect of the goods in question or where the tribunal is of opinion that he might properly be permitted so to register such a trade mark) the tribunal may refuse an applica- tion made under paragraph (a) or (b) in relation to any goods, if it is shown that there has been, before the relevant date or during the relevant period, as the case may be, bona fide use of the trade mark by any proprietor thereof for the time being in relation to goods of the same description, being goods in respect of which the trade mark is registered,
(2) Where in relation to any goods in respect of which a mark is registered--
(a) the matters referred to in paragraph (b) of subsection
(1) are shown so far as non-use of the trade mark in relation to goods to be sold, or otherwise traded in, in the Colony (otherwise than for export from the Colony), or in relation to goods to be exported to a particular market outside the Colony; and
(b) a person has been permitted under section 22 to register an identical or nearly resembling trade mark in respect of those goods under a registration extending to use in relation to goods to be sold, or otherwise traded in, in the Colony (otherwise than for export from the Colony), or in relation to goods to be exported to that market, or the tribunal is of opinion that he might properly be permitted so to register such a trade mark ;
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on application by that person to the Court or, at the option of the applicant and subject to the provisions of section 80, to the Registrar, the tribunal may impose on the registration of the first-mentioned trade mark such limitations as the tribunal thinks proper for securing that that registration shall cease to extend to
such use as last aforesaid.
(3) An applicant shall not be entitled to rely for the purposes of paragraph (b) of subsection (1) or for the purposes of sub- section (2) on any non-use of a trade mark which is shown to have been due to special circumstances in the trade and not to any intention not to use or to abandon the trade mark in relation to the goods to which the application relates.
one of
marks
38. (1) Where under the provisions of this Ordinance use Use of of a registered trade mark is required to be proved for any associated purpose, the tribunal may, if and so far as the tribunal thinks trade right, accept use of an associated registered trade mark, or of equivalent the trade mark with additions or alterations not substantially to use of
another. affecting its identity, as an equivalent for the use required to be proved.
(2) The use of the whole of a registered trade mark shall for the purposes of this Ordinance be deemed to be also use of any registered trade mark, being a part thereof, registered in the name of the same proprietor by virtue of subsection (1) of section 25.
trade
trade
38. (1) The application in the Colony of a trade mark to Use of goods to be exported from the Colony, and any other act done mark for in the Colony in relation to goods to be so exported which, if export done in relation to goods to be sold or otherwise traded in within constitutes the Colony, would constitute use of a trade mark therein, shall be use of the
trade deemed to constitute use of the trade mark in relation to those mark. goods for any purpose for which such use is material under this Ordinance or at common law.
(2) Subsection (1) shall be deemed to have had effect în relation to an act done before, as it has effect in relation to an act done after the commencement of this Ordinance.