Section 44: Collective marks
consolidated text (as amended). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
44. Collective marks
(1) Subject to subsections (2) to (4), sections 36 to 42 shall apply to collective marks, except that references to section 35 (b) shall be read as 35 (a).
(2) Any application for registration of a collective mark shall designate
the mark as a collective mark and be accompanied by a copy of the terms of
the agreement governing the use of the collective mark.
(3) Any registered owner of a collective mark shall notify the Controller
of any changes made in respect of the terms of the agreement referred to in
subsection (2).
(4) The Tribunal shall invalidate the registration of a collective mark
where any interested person requesting the invalidation proves that the—
(a) mark is being used exclusively by the registered owner;
(b) registered owner is using or permitting its use in contravention
of the terms of the agreement referred to in subsection (2);
(c) registered owner is using or is permitting its use in a manner liable to deceive any person as to the origin or any other common
characteristics of the goods or services concerned.