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In forceAmended2008 Revised Edition

61. Application to cancel registered trade mark or registration in relation to certain goods or services

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Amended

Last amended by an amending law of 2014.

(1)

The proprietor may, by filing with the Registrar a notice in Form CM3 —

(a)

cancel the proprietor’s registered trade mark, if the cancellation relates to all of the goods or services in respect of which the trade mark is registered; or

(b)

cancel the registration of the proprietor’s registered trade mark in relation to at least one of the goods or services in respect of which the trade mark is registered.

(2)

A notice under paragraph (1) shall have no effect unless the proprietor in that notice certifies that every other person (if any) having a right in the mark —

(a)

has been given not less than 3 months’ notice of the proprietor’s intention to cancel the mark; and

(b)

is not affected by the cancellation or if affected has no objection to the cancellation.

(3)

The Registrar, if satisfied that the notice complies with paragraph (2) and is otherwise regular, shall make the appropriate entry in the register.

Subregulation 1

The proprietor may, by filing with the Registrar a notice in Form CM3 —

(a)

cancel the proprietor’s registered trade mark, if the cancellation relates to all of the goods or services in respect of which the trade mark is registered; or

(b)

cancel the registration of the proprietor’s registered trade mark in relation to at least one of the goods or services in respect of which the trade mark is registered.

Subregulation 2

A notice under paragraph (1) shall have no effect unless the proprietor in that notice certifies that every other person (if any) having a right in the mark —

(a)

has been given not less than 3 months’ notice of the proprietor’s intention to cancel the mark; and

(b)

is not affected by the cancellation or if affected has no objection to the cancellation.

Subregulation 3

The Registrar, if satisfied that the notice complies with paragraph (2) and is otherwise regular, shall make the appropriate entry in the register.

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