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Trade Marks Act, 1993 (Act No. 194 of 1993)

Part VI : Register of Trade Marks

26. Power to remove or vary registration for breach of condition

 

(1) Any interested person may apply for the removal from the register, or a variation, of a registered trade mark if its proprietor or any person permitted to use it in terms of section 38 fails to comply with any condition entered in the register in relation to its registration.

 

(2) Such application may be made to the court or to the registrar.

 

(3) The registrar has locus standi to make such application to the court.

 

(4) The registrar or the court may make such order for removing or varying the registration of the trade mark as he or it may deem fit.