Defensive
trade Inarks to be registered
A3
associated trade marks.
Removal of defensiva
trade
marks from the register.
Registra- tion as a registered
USET.
Meaning of "permitted ase".
32
58. A trade mark registered as a defensive trade mark and that trade mark as otherwise registered in the name of the same proprietor shall, notwithstanding that the respective registrations are in respect of different goods, be deemed to be, and shall be registered as, associated trade marks.
ST. (1) On application by any person aggrieved to the Court, or, at the option of the applicant and subject to the provisions of section 8o, to the Registrar, the registration of a trade mark as a defensive trade mark may be cancelled on the ground that the requirements of subsection (1) of section 55 are no longer satisfied in respect of any goods in respect of which the trade mark is registered in the name of the same proprietor otherwise than as a defensive trade mark, or may be cancelled as respects any goods in respect of which it is registered as a defensive trade mark on the ground that there is no longer any likelihood that the use of the trade mark in relation to those goods would detract from its distinctive character in respect of the goods first-mentioned in subsection (1) of section 55.
(2) The Registrar may at any time cancel the registration as a defensive trade mark of a trade mark of which there is no longer any registration in the name of the same proprietor otherwise than as a defensive trade mark.
Registered Users,
58. (1) (2) Subject to the provisions of this section and sections 59 to 63, a person other than the proprietor of a trade mark may be registered as a registered user thereof in respect of all or any of the goods in respect of which it is registered (otherwise than as a defensive trade mark) and cither with or without conditions or restrictions. (b) The use of a trade mark by a registered user thereof in relation to goods with which he is connected in the course of trade and 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 Ordinance referred to as the "permitted use"
thereof.
(2) (a) 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 37 and for any other purpose for which such use is material under this Ordinance or at common law,
(b) Where a person is registered as a registered user of a trade mark on an application made within one year from the commencement of this Ordinance, this subsection shall have effect in relation to any previous use (whether before or after the commencement of this Ordinance) of the trade mark by that person, being use in relation to the goods in respect of which he is registered and, where he is registered subject to conditions or restrictions, being use such as to comply substantially therewith, as if such previous use had been permitted use.
(3) Where it is proposed that a person should be registered as a registered user of a trade mark, the proprietor and the pro posed registered user must apply in writing to the Registrar in the prescribed manner, and must furnish him with a statutory declaration made by the proprietor, or by some person authorized to act on his behalf and approved by the Registrar-
(a) giving particulars of the relationship, existing or pro- posed, between the proprietor and the proposed registered user, including particulars showing the degree of control by the proprietor over the permitted use which their relationship will confer and whether it is a term of their relationship that the proposed registered user shall be the sole registered user or that there shall be any other restriction
to persuns for whose registration as registered users application may be made; (b) stating the goods in respect of which registration is
proposed;
as
(c) stating any conditions or restrictions proposed with respect to the characteristics of the goods, to the mode or place of permitted use, or to any other matter; and
(d) stating whether the permitted use is to be for a period or without limit of period, and, if for a period, the dura- tion thereof;
and with such further documents, information or evidence as may be required under the rules or by the Registrar,