Section 44Part 6 — SURRENDER, REVOCATION AND INVALIDITY
Revocation of registration
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44. (1) The registration of a trade mark may be revoked if —
the use made of the trade mark —
by the proprietor; or in relation to the goods or services for which it is registered, is liable to mislead the public, particularly as to the nature, quality or geographical origin of those goods or services; or
by another person with the proprietor’s consent,
as a consequence of the action or the inaction of the proprietor, the trade mark has become the common name in the respective trade for a product or service for which it is registered.
For the purposes of subsection (1), “use made of the trade mark” includes use in a form differing in elements which do not alter the distinctive character of the mark in the form in which it was registered, and the use in the Islands includes affixing the trade mark to goods or to the packaging of goods in the Islands solely for export purposes.
An application for revocation may be made by any person, and may be made either to the Registrar or to the Court, except that —
where proceedings concerning the trade mark in question are pending in the Court, the application shall be made to the Court; and
where in any other case the application is made to the Registrar, the Registrar may at any stage of the proceedings refer the application to the Court.
Where grounds for revocation exist in respect of only some of the goods or services for which the trade mark is registered, revocation shall relate to those goods or services only.
Where the registration of a trade mark is revoked to any extent, the rights of the proprietor shall be deemed to have ceased to that extent as from — Section 45 Trade Marks Law, 2016 Page 28 Law 31 of 2016 c
the date of the application for revocation; or
if the Registrar or the Court is satisfied that the grounds for revocation existed at an earlier date, from that earlier date.
The registration of a trade mark shall not be revoked without giving the proprietor of the trade mark an opportunity to be heard.