TRADE MARKS ACT 1994 No. 156 of 1994 - SECT 101 Determination of opposed application-general

TRADE MARKS ACT 1994 No. 156 of 1994 - SECT 101

101.(1) Subject to subsection (3) and to section 102, if, at the end of the
proceedings relating to an opposed application, the Registrar is satisfied
that the grounds on which the application was made have been established, the
Registrar may decide to remove the trade mark from, or not to restore it to,
the Register in respect of any or all of the goods or services to which the
application relates.

(2) Subject to subsection (3) and to section 102, if, at the end of the
proceedings relating to an opposed application, the court is satisfied that
the grounds on which the application was made have been established, the court
may order the Registrar to remove the trade mark from, or not to restore it
to, the Register in respect of any or all of the goods or services to which
the application relates.

(3) If satisfied that it is reasonable to do so, the Registrar or the court
may decide that the trade mark should not be removed from, or should be
restored to, the Register even if the grounds on which the application was
made have been established.