4 subject to this section and to sections 48 and 49

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(4) Subject to this section and to sections 48 and 49, this Act shall apply in respect of the registration of trademarks relating to goods or services as defensive trademarks and of trademarks so registered as they apply in other cases. 48. Removal of defensive trademarks from the register. (1) on application to the court by an aggrieved person and subject to section 63, to the registrar— (a) the registration under section 47(1) of a trademark as a defensive trademark may be cancelled— (i) on the ground that the requirements of section 47(1) are nolonger satisfied in respect of goods in respect of which the trademark is registered in the name of the same owner otherwise than as a defensive trademark; or (ii) as regards any goods or services in respect of which it is registered as a defensive trademark on the ground that there is no longer any likelihood that the use of the trademark in relation to those goods or services would detract from its distinctive character in respect of the goods in section 47(1). (b) the registration under section 29(1 ) of a trademark as a defensive trademark may be cancelled— (i) on the ground that the requirements of section 29(1) are no longer satisfied in respect of any services in respect of which the trademark is registered in the name of the same owner otherwise than as a defensive trademark; or 47
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Trademarks Act 2010 as regards any services or goods in respect of which it is registered as a defensive trademark on the ground that there is no longer any likelihood that the use of the trademark in relation to those services or goods would detract from its distinctive character in respect of the services in section 51(1). (2) The registrar may at any time cancel the registration as a defensive trademark in respect of goods or services or both, of a trademark of which there is no longer any registration in respect of goods or services in the name of the same owner otherwise than as a defensive trademark. 49. Permitted user. (1) Subject to this section, a person other than the owner of a trademark may be registered as a permitted user in respect of all or any of the goods or services in respect of which it is registered otherwise than as a defensive trademark with or without conditions or restriction. (2) The use of a trademark by a permitted user in relation to goods or services with which he or she is connected in the course of trade and in respect of which for the time being the trademark remains registered and he or she is registered as permitted user, complying with any conditions or restrictions to which his or her registration is subject, is in this Act referred to as the “permitted use”. (3) The permitted use of a trademark shall be taken to be used by the owner of the trademark and shall be taken not to be used by a person other than the owner for the purposes of section 46 and for any other purpose for which the use is material under this Act.
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