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Trade Marks Act 1938

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This is the original version (as it was originally enacted).

4(1)The Board of Trade may, on the application in the prescribed manner of any person aggrieved, or on the application of the Registrar, make such order as they think fit for expunging or varying any entry in the register relating to a certification trade mark, or for varying the deposited regulations, on the ground—

(a)that the proprietor is no- longer competent, in the case of any of the goods in respect of which the trade mark is registered, to certify those goods;

(b)that the proprietor has failed to observe a provision of the deposited regulations to be observed on his part;

(c)that it is no longer to the public advantage that the trade mark should be registered; or

(d)that it is requisite for the public advantage that, if the trade mark remains registered, the regulations should be varied;

and neither the Court nor the Registrar shall have any jurisdiction to make an order under section thirty-two of this Act on any of those grounds.

(2)The Registrar shall rectify the register and the deposited regulations in such manner as may be requisite for giving effect to an order made under the foregoing sub-paragraph.

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