• Specific Year
    Any

TRADE MARKS ACT 1994 No. 156 of 1994 - SECT 197 Cancellation of registration by order of court

TRADE MARKS ACT 1994 No. 156 of 1994 - SECT 197

Cancellation of registration by order of court
197.(1) A prescribed court may, on the application of a person aggrieved,
cancel the registration of a trade mark as a defensive trade mark in respect
of all or any of the goods or services in respect of which it is so registered
if the requirements of subsection 193(1) are no longer satisfied.

(2) A person applying to a prescribed court under subsection (1) must give
notice of the application to the Registrar.

(3) On receiving the notice, the Registrar must appear if directed by the
court to do so. Otherwise, the Registrar may appear before the court and be
heard at his or her discretion.

(4) If the court directs that the registration be cancelled:

   (a)  a copy of the order must be given to the Registrar; and

   (b)  the Registrar must comply with it.