Page:Business Names Registration Act 2014.pdf/26

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BUSINESS NAMES REGISTRATION
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(e) is one the use of which has been restrained by an injunction granted under the Trade Marks Act (Cap. 332),

the Registrar may direct the person to change the person’s registered business name, and the person must comply with the direction within 6 weeks after the date of the direction or such longer period as the Registrar may allow in any case.

(5) The Registrar’s power under subsection (4) to direct a person to change the person’s registered business name applies regardless of—

(a) whether the person’s business name was registered through inadvertence or otherwise; or
(b) when the person was registered, or treated as being registered, in respect of the business name.

(6) Any person may apply, in writing, to the Registrar to give a direction to any other person, on a ground referred to in subsection (4), to change that other person’s registered business name.

(7) The Registrar is not to consider any application under subsection (6) to give a direction to a person on the ground referred to in subsection (4)(d) unless the Registrar receives the application within 12 months after the date the person was registered in respect of the business name, or the date the change of registered business name was approved under section 18.

(8) The Registrar may cancel the registration of a person and the person’s business name if the person fails to comply with a direction given under subsection (4).

(9) A person aggrieved by—

(a) a direction of the Registrar under subsection (4); or
(b) the Registrar’s refusal to give a direction to a person under subsection (4) following an application under subsection (6),

may, within 30 days after being informed of the Registrar’s direction or refusal, as the case may be, appeal to the Minister whose decision is final.

(10) To avoid doubt, where the Registrar makes a direction under subsection (4) or the Minister makes a decision on an appeal under