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Section 43: Removal on grounds of non-use

Patents, Industrial Designs And Trademarks Act · PART V: MARKS, COLLECTIVE MARKS, TRADE NAMES

consolidated text (as amended). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

43. Removal on grounds of non-use (1) Any interested person may request the Controller to remove from the register, a mark in respect of any goods or services in respect of which it is registered, on the ground that up to one month prior to filing the request, the mark had, after its registration, not been in use by the registered owner or a licensee during a continuous period of not less than 3 years. (2) Notwithstanding subsection (1), no mark shall be removed from the register, unless the Controller is satisfied that there were reasonable circumstances that prevented the use of the mark and that there was no intention not to use or to abandon the same in respect of those goods or services.

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