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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