Commonwealth Consolidated Regulations

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Amendment or cessation of protection--other specified grounds

             (1)  Subject to subregulation (2) and regulation 17A.46, a prescribed court may, on the application of the Registrar or an aggrieved person, order that:

                     (a)  the protection extended to a protected international trade mark cease; or

                     (b)  an entry wrongly made or remaining in the Record of International Registrations be removed or amended; or

                     (c)  a condition or limitation affecting the protection of a protected international trade mark be entered in the Record of International Registrations.

             (2)  An application under this regulation may be made on any of the following grounds:

                     (a)  any of the grounds on which the extension of protection could have been opposed under regulation 17A.34;

                     (b)  because of circumstances applying when the application under this regulation is filed, the use of the trade mark is likely to deceive or cause confusion;

                     (c)  for a certification trade mark--the ground in section 177 of the Act as applied by regulation 17A.50;

                     (d)  if the application is in respect of an entry in the Record of International Registrations, the entry was made, or has been amended, as a result of fraud, false suggestion or misrepresentation.

                     (e)  because the Registrar wrongfully made a declaration under subregulation 17A.35B(3) or 17A.41A(3).

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