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Section 52 – The Trade and Merchandise Marks Act,1958

The Trade and Merchandise Marks Act,1958

Section 52. Power of registrar to take vary or cancel registration as registered user

(1) Without prejudice the provisions of See. 56, to 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;

(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;

(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, namely:

(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 misrepresented, or failed to disclose, some fact material to the application for registration, which if accurately represented or disclosed would have justified the refusal of the application for registration of the registered user;

(iii) That the circumstances have changed since the date of registration in such a way that at the date of such application for cancellation they would have justified the refusal of an application for registration of the registered user;

(iv) That the registration ought not to have been effected having regard to rights vested in the applicant by virtue of a contract in the performance of which he is interested;

(d) May be cancelled by the Registrar of his own motion or on the application in writing in the prescribed manner of any person, on the ground that any stipulation in the agreement between the registered proprietor and the registered user regarding the quality of the goods in relation to which the trade mark is to be used is either not being enforced or is not being complied with;

(e) May be cancelled by the Registrar in respect of any goods in relation to which the trade mark is no longer registered.

(2) The Registrar shall, before varying any registration under Cl. (a) of sub-section (1) or canceling any registration on any of the grounds mentioned in sub-clause (ii) or sub- clause (iii) of sub-clause (iv) of Cl. (c) of that subsection, forward the application made in that behalf for the consideration of the Central Government and the Central Government may, after making such inquiry as it thinks fit, issue such directions to the Registrar as it thinks fit, and the Registrar shall dispose of the application in accordance with such directions.

(3) The Registrar shall issue notice in the prescribed manner of every application under this section to the registered proprietor and each registered user (not being the applicant) of trade mark.

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The Trade and Merchandise Marks Act,1958

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