Section 77
Cancellation or varying of registration of certification trade marks.
About this Act
An Act to amend and consolidate the law relating to trade marks, to provide for registration and better protection of trade marks for goods and services and for the prevention of the use of fraudulent marks.
The Registrar may, on
the application in the prescribed manner of any person aggrieved and after giving the proprietor an
opportunity of opposing the application, make such order as he thinks fit for expunging or varying any
entry in the register to a certification trade mark, or for varying the regulations, on any of the following
grounds, namely:--
(a) that the proprietor is no longer competent, in the case of any of the goods or services in respect of which the mark is registered, to certify those goods or services;
(b) that the proprietor has failed to observe any provisions of the regulations to be observed on his part;
(c) that it is no longer to the public advantage that the mark should remain registered;
(d) that it is requisite for the public advantage that if the mark remains registered, the regulations should be varied.
(a) that the proprietor is no longer competent, in the case of any of the goods or services in respect of which the mark is registered, to certify those goods or services;
(b) that the proprietor has failed to observe any provisions of the regulations to be observed on his part;
(c) that it is no longer to the public advantage that the mark should remain registered;
(d) that it is requisite for the public advantage that if the mark remains registered, the regulations should be varied.