50 variation or cancellation of registration as a

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50. Variation or cancellation of registration as a registered user. (1) Without prejudice to section 79, the registration of a person as a registered user may be— (a) varied by the registrar as regards the goods or services in respect of which or any conditions or restrictions subject to which, it has effect, on application in the prescribed manner by the registered owner of the trademark to which the registration relates; (b) cancelled by the registrar on application in the prescribed manner by the registered owner or by the registered user or by any of other registered user of the trademark; or (c) cancelled by the registrar on application in the prescribed manner by a person on any of the following grounds that- (i) the registered user has used the trademark 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) the owner or the registered user misrepresented 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; or 50
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Act 17 Trademarks Act 2010 (iii) 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 or she is interested. (2) The registrar may at any time cancel the registration of a person as a registered user of a trademark in respect of any goods or services in respect of which the trademark is no longer registered. 51. Notification of registration as registered user and or application for variation or cancellation of the registration. The registrar shall— (a) cause to be notified the registration of a person as a registered user of a trademark to any other registered user of the trademark; (b) cause notice of an application under section 54 to be given to the registered owner and each registered user of the trademark not being the applicant; (c) give to the applicant on application and to all person to whom the application is notified and who intervene in the proceedings in accordance with the regulations an opportunity of being heard. 52. Registrar’s decision under section 50 and 51 subject to appeal. A person aggrieved by the decision of the registrar under sections 50 and 51 may appeal to the court. 53. Proposed use of trademarks by corporation to be construed. (1) An application for the registration of a trademark in respect of any goods or services shall not be refused, and permission for the registration shall not be withheld, on the ground only that it appears that the applicant does not use or propose to use the trademark where— (a) the court or the registrar is satisfied that a body corporate is about to be constituted and that the applicant intends to assign the trademark to the body corporate with a view to the use the trademark in relation to those goods or services by the body corporate; or 51
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Act 17 Trademarks Act 2010 (b) the application is accompanied by an application for the registration
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