36
CAP. 43]
Trade Marks
[1986 Ed.
Alteration of deposited regulations, or expunging or varying of entry in register relating to certification trade mark.
1938 c. 22, FIRST SCHEDULE, Paras. 3 and 4.
Certification trade mark assignable or transmissible only with Registrar's
consent.
1938 c. 22, s. 37(8).
Provided that paragraph (a) hereof shall not have effect in the case of use consisting of the application of any such mark as aforesaid to any goods, notwithstanding that they are such goods as are mentioned in that paragraph, if such application is contrary to the relevant regulations.
(4) Where a certification trade mark is one of 2 or more registered trade marks which are identical or nearly resemble each other, the use of any of those trade marks in exercise of the right to the use of that trade mark given by registration shall not be deemed to be an infringement of the right so given to the use of any other of those trade marks.
68. (1) (a) The regulations deposited in respect of a certification trade mark may, on the application of the registered proprietor, be altered by the Registrar.
(b) The Registrar may, before granting an application, cause it to be advertised in any case where it appears to him that it is expedient so to do, and, where the Registrar causes an application to be advertised, if within the prescribed time from the date of the advertisement any person gives notice to the Registrar of opposition to the application, the Registrar shall not decide the matter without giving the parties an opportunity of being heard.
(2) (a) On application by any person aggrieved to the Court, or at the option of the applicant and in the prescribed manner and subject to the provisions of section 80, to the Registrar, or on application by the Registrar to the Court, the tribunal may make such order as the tribunal thinks fit for expunging or varying any entry in the register relating to a certification trade mark, or for varying the deposited regulations, on the ground-
(i) that the proprietor is no longer competent, in the case of any of the goods in respect of which the trade mark is registered, to certify those goods;
(ii) that the proprietor has failed to observe a provision of the deposited regulations to be observed on his part;
(iii) that it is no longer to the public advantage that the trade mark should be registered; or
(iv) that it is requisite for the public advantage that, if the trade mark remains registered, the regulations should be varied.
(b) The Registrar shall rectify the register or the deposited regulations in such manner as may be requisite for giving effect to an order made under paragraph (a) hereof.
69. (1) A certification trade mark shall not be assignable or transmissible otherwise than with the consent of the Registrar, who before giving his decision shall consider-
(a) whether the person to whom it is proposed to assign or transmit the mark is competent to certify the goods in respect of which the mark is registered; and
36
CAP. 43]
Trade Marks
[1986 Ed.
Alteration of deposited regulations, or expunging or varying of entry in register relating to certification trade mark.
1938 c. 22, FIRST SCHEDULE, Paras. 3 and 4.
Certification trade mark assignable or transmissible only with Registrar's
consent.
1938 c. 22, s. 37(8).
Provided that paragraph (a) hereof shall not have effect in the case of use consisting of the application of any such mark as aforesaid to any goods, notwithstanding that they are such goods as are mentioned in that paragraph, if such application is contrary to the relevant regulations.
(4) Where a certification trade mark is one of 2 or more registered trade marks which are identical or nearly resemble each other, the use of any of those trade marks in exercise of the right to the use of that trade mark given by registration shall not be deemed to be an infringement of the right so given to the use of any other of those trade marks.
68. (1) (a) The regulations deposited in respect of a certifica- tion trade mark may, on the application of the registered proprietor, be altered by the Registrar.
(b) The Registrar may, before granting an application, cause it to be advertised in any case where it appears to him that it is expedient so to do, and, where the Registrar causes an application to be advertised, if within the prescribed time from the date of the advertisement any person gives notice to the Registrar of opposition to the application, the Registrar shall not decide the matter without giving the parties an opportunity of being heard.
(2) (a) On application by any person aggrieved to the Court, or at the option of the applicant and in the prescribed manner and subject to the provisions of section 80, to the Registrar, or on application by the Registrar to the Court, the tribunal may make such order as the tribunal thinks fit for expunging or varying any entry in the register relating to a certification trade mark, or for varying the deposited regulations, on the ground-
(i) that the proprietor is no longer competent, in the case of any of the goods in respect of which the trade mark is registered, to certify those goods;
(ii) that the proprietor has failed to observe a provision of the deposited regulations to be observed on his part;
(iii) that it is no longer to the public advantage that the trade mark should be registered; or
(iv) that it is requisite for the public advantage that, if the trade mark remains registered, the regulations should be varied.
(b) The Registrar shall rectify the register or the deposited regulations in such manner as may be requisite for giving effect to an order made under paragraph (a) hereof.
69. (1) A certification trade mark shall not be assignable or transmissible otherwise than with the consent of the Registrar, who before giving his decision shall consider-
(a) whether the person to whom it is proposed to assign or transmit the mark is competent to certify the goods in respect of which the mark is registered; and
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