IPfNl1 /GHA/T/l
Page 27
30@ (1) Where under this Act use of a registered trade mark
is required to be proved for any purpose, the Court or the Registrar
(as the case may be) may accept use of an associated registered trade
mark, or of the trade mark with additions or alterations not sub"stantially 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 Act be deemed to, be also a 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 21 of this Act.
31~
The application in Ghana of a trade mark to goods to be
exported from Ghana, and, any other act done in Ghana in relation
to goods to be so exported which, if done in relation to goods to be
sold or otherwise traded in within Ghana, would constitute use of
a trade mark therein, shall be deemed to 'constitute use of the trade
mark in relation to those goods for any purpose for which that use
is material under this Act. or at' common law.
Use of ope
of as~oclated;
~:a~~i;HY'
identical
~:~i~a~~~~~
use of
another.
Use of trade
mark for
export trade.
32@ (1) Any person aggrieved by the non-insertion in or omission General
from the register of any entry, or by any entry: made in the register po~~r to
without sufficient cause, or by any entry wrongly remaining on the ~~~~i~
register, or by any error or defect in any entry in the register, may in register.
apply in the prescribed manner to the Court Of, at the option of the
applicant and subject to section 50 of this Act, to the Registrar, and
tile Court or the Registrar (as the case may be) may make such
order for making, expunging or varying the entry as the Court or
the Registrar (as the case may be) may think fit"
.
(2) The Court or the Registrar (as 'the case may be) may in
any proceeding under this section decide any question that it may.
be necessary or expedient to decide in connection. with. the rectifi...
cation. of the, register.
(3) In, case of fraud in the, registration, assignment or transmission of a registered trade mark, or in any other case in which
he considers it to be 'necessary. in the, public interest, the Registrar
may himself apply to the Court under this section,
.
(4) Any· order of the Court rectifying the, register shall direct
that notice of the rectification, shall be. served in the prescribed
manner on the. Registrar; and. the Registrar' shall on receipt of the
notice. rectifyi the, register: accordingly,
(5} The power to rectify the register conferred by this section
shall include power to remove a registration in Part A of the register
to Part B.
Power to
33. On application by any person aggrieved to the Court Of,
expunge or
vary registra- at the option of the applicant and subject to section 50 of this Act,
to the Registrar or on application by the Registrar to the Court,
tion for
breach of
the Court or the Registrar (as the case may be) may make such
condition"
order as the Court or the Registrar (as the case may be) may think
fit for expunging or varying the registration of a trade mark on the
ground of any contravention of, or failure to observe, a condition
entered on the register in relation thereto
e