Section 47 Trade Marks Act 1999 allows REMOVAL OF A TRADE MARK FROM RE…

Question

Section 47 Trade Marks Act 1999 allows REMOVAL OF A TRADE MARK FROM REGISTER for NON-USE. The proceedings may be initiated by:

Accepted Answer

B. any person aggrieved by the continued registration of an unused mark — application to Registrar or High Court (post Tribunals Reforms 2021)

1. Section 47(1) Trade Marks Act 1999: 'A registered trade mark may be taken off the register in respect of the goods or services in respect of which it is registered on application made in the prescribed manner to the Registrar or the High Court, by any person aggrieved...'
2. Two grounds: (a) registration without bona fide intention to use + non-use up to 3 months before application; (b) up to 3 months before application, continuous period of 5 years from date of entry on register without bona fide use.
3. The Tribunals Reforms Act 2021 abolished IPAB; jurisdiction now lies with Registrar or High Court directly.
4. Hence option B is correct.
_Source: Patents Act 1970 / Copyright Act 1957 / Trade Marks Act 1999 — Trade Marks Act 1999, Section 47_

Answer

only the Central Government on its own motion (cf. Trade Marks Act 1999, Section 47) (cf. Trade Marks Act 1999, Section 47)

Answer

only the registered proprietor on his own motion (cf. Trade Marks Act 1999, Section 47) (cf. Trade Marks Act 1999, Section 47)

Answer

only the Registrar of Companies on its motion (cf. Trade Marks Act 1999, Section 47) (cf. Trade Marks Act 1999, Section 47)