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The Trade Marks Act, 1940

( ACT NO. V OF 1940 )

Chapter VI

USE OF TRADE MARKS AND REGISTERED USERS

Power to Registrar to vary or cancel registration as registered user
42. Without prejudice to the provisions of section 46, 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 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 a contract in the performance of which he is interested;
 
 
 
 
(d) may be cancelled by the Registrar in respect of any goods in relation to which the trade mark is no longer registered.

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Ministry of Law, Justice and Parliamentary Affairs