Section 34 Trade Marks Act 1967

Section 34 of the Trade Marks Act 1967 is about Provisions supplementary to section 33. It is under ‘Use and non-use’ of the Act. It provides as follows:

(1) Where it is proposed that a person should be registered as a registered user of a
trade mark, the proprietor and the proposed registered user shall apply in writing to the Registrar in the prescribed manner and shall furnish him with a statutory declaration, made by the proprietor, or by some person authorised to act on his behalf, and approved by the Registrar-

(a) giving particulars of the relationship, existing or proposed, between the proprietor and the proposed registered user, including particulars showing the degree of control by the proprietor over the permitted use which their relationship will confer and whether it is a term of their relationship that the proposed registered user shall be the sole registered user or that there shall be any other restriction as to persons for whose registration as registered users application may be made;

(b) stating the goods in respect of which registration is proposed;
(c) stating any conditions or restrictions proposed with respect to the characteristics of the goods, to the mode or place of permitted use, or to any other matter;
and

(d) stating whether the permitted use is to be for a period or without limit of period, and, if for a period, the duration thereof, and shall also furnish the Registrar with such further documents, information or evidence as may be required under the regulations or by the Registrar.

(2) When the requirements of the foregoing subsection have been complied with, if
the Registrar, after considering the information furnished to him under that subsection, is satisfied that in all the circumstances the use of the trade mark in relation to the proposed goods or any of them by the proposed registered user, subject to any conditions or restrictions which the Registrar thinks proper, would not be contrary to the public interest, the Registrar may register the proposed registered user as a registered user in respect of the goods as to which he is so satisfied, subject as aforesaid.

(3) The Registrar shall refuse an application under the foregoing provisions of this
section if it appears to him that the grant thereof would tend to facilitate trafficking in a trade mark.

(4) The Registrar shall, if so required by an applicant, take steps for securing that information given for the purposes of an application under the foregoing provisions of this section (other than matter entered in the register) is not disclosed to rivals in trade.

(5) Without prejudice to the provisions of section 38 of this Act, the registration of a
person as a registered user-

(a) may be varied by the Registrar as regards the goods in respect of which, or any
conditions or restrictions subject to which, it has effect, on the application in
writing in the prescribed manner of the registered proprietor of the trade mark
to which the registration relates;

(b) may be cancelled by the Registrar on the application in writing in the prescribed manner of the registered proprietor or of the registered user or of any
other registered user of the trade mark; or

(c) may be cancelled by the Registrar on the application in writing in the prescribed manner of any person on any of the following grounds, that is to say-
(i) that the registered user has used the trade mark otherwise than by way of the permitted use, or in such a way as to cause, or to be likely to cause, deception or confusion;

(ii) that the proprietor or the registered user misrepresented, or failed to disclose, some fact material to the application for the registration, or that the circumstances have materially changed since the date of the registration;

(iii) that the registration ought not to have been effected having regard to rights vested in the applicant by virtue of a contract in the performance of which he is interested.

(6) Provision shall be made by the regulations for the notification of the registration
of a person as a registered user to any other registered user of the trade mark, and for the notification of an application under the last foregoing subsection to the registered proprietor and each registered user (not being the applicant) of the trade mark, and for giving to the applicant on such an application, and to all persons to whom such an application is notified and who intervene in the proceedings in accordance with the regulations, an opportunity of being heard.