Section 69 in The Trade And Merchandise Marks Act, 1958
69. Cancellation or varying of registration.
- The Central Government may, on he application in the prescribed manner of any person aggrieved or on the recommendation of the Registrar, and after giving the proprietor an opportunity of opposing the application or recommendation, make such order as it thinks fit for expunging or arraign any entry in the register relating to a certification trade mark, or for varying the deposited regulations, on any of the following grounds, namely:-(a)that the p-proprietor is no longer competent, in the case of any of the goods in respect of which the mark is registered, to certify those goods;(b)that the proprietor has failed to observe any provision of the deposited regulations, to be observed on his part;(c)that it is no longer to the public advantage that the mark should remain registered;(d)that it is requisite for the public advantage that, if the mark remains registered, the regulations should be varied;and neither a High Court nor the Registrar shall have any jurisdiction to make an order under section 56 on any of those grounds.
