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CS Professional · Intellectual Property Rights - Law and Practice · Trademarks

Vihaan Brands, proprietor of a registered mark, has registered Sunrise Retail as a registered user. Sunrise is using the mark in a way likely to cause deception or confusion, outside the agreement. Anita, a competitor and a member of the public, wants the registered user entry cancelled. Which statement is correct under section 50?

Anita may apply in writing in the prescribed manner to the Registrar, because any person can seek cancellation of a registered user who uses the mark contrary to the agreement or causing deception or confusion. The registered proprietor must first be given a reasonable hearing.

  1. AOnly the registered proprietor may apply for cancellation
  2. BAnita may apply in writing in the prescribed manner to the Registrar on that ground, and the registered proprietor must be given a reasonable opportunity of being heard before cancellationCorrect
  3. CThe Registrar can cancel only on his own motion and never on a third party's application
  4. DAnita must apply to the District Court, as the Registrar has no power to cancel

Explanation

Section 50(1)(c)(i) lets the Registrar cancel on the written application of any person on the ground that the registered user used the mark otherwise than per the agreement or so as to cause deception or confusion. The proviso to section 50(3) requires a reasonable opportunity of hearing the registered proprietor before cancellation. Cancellation is not limited to the proprietor or to the Registrar's own motion.

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