IPfN/l/GHA/T/l
Page 25
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(8) The Registrar shall refuse an. application under subsection
him that the grant thereof would
tend to facilitate traffickingin a. trade mark.
.
(~) of this section. if it appears
to.
(9) The Registrar shall, if so required by an applicant, take
steps for securing that information given for the purposes of an
application for registration under subsection (6) of this section
(other than any matter entered in the register) is not disclosed to
rivals in trade..
(10) Without prejudice to section 32 of this Act, 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 mis..
represented, 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'u contract in the performance of which he is interested"
,
(11) Provision shall be made by regulations 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 subsecton (10) of this section 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 whomsuch an application is notified and who
intervene hi theproceedings in, accordance with the regulations an
opportunity 'of being .heard..
..
(12) The Registrar 'may at any time cancel the registration of a
person as .aregistered user of' a trade mark in respect of any goods
in respect 'ofwhich: the trade. mark is .no longer registered.