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Suspension and erasure of registration of trade mark agent.
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88.—(1) Where, in the opinion of the Controller, a person who is a registered trade mark agent ceases to be eligible to be registered or has been guilty of conduct disgraceful to that person in the capacity of a registered trade mark agent, the Controller may, after giving that person an opportunity to be heard, decide that the name of that person should be erased from the Register or that, during a period of specified duration, that person's registration should not have effect.
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(2) On making a decision under subsection (1), the Controller shall forthwith send by post to the person to whom the decision relates (in this section referred to as “the person in default”), at that person's address as stated in the Register, a notice in writing stating the decision, the date thereof and the reason therefor.
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(3) On giving notice to the Controller in the prescribed manner, the person in default may, within the period of 21 days beginning on the date of the decision in question, apply to the Court for cancellation of the decision; and, if that person so applies, the Court, on hearing the application, may either—
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(a) cancel the decision, or
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(b) declare that it was proper for the Controller to make a decision under subsection (1) in relation to the person in default and either (as the Court may consider proper)—
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(i) direct the Controller to erase the name of the person in default from the Register; or
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(ii) direct that, during a specified period (beginning not earlier than 7 days after the decision of the Court), the registration of the person in default shall not have effect.
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(4) If at any time the Controller satisfies the Court that the person in default has delayed unduly in proceeding with an application under subsection (3), the Court shall, unless it sees good reason to the contrary, declare that it was proper for the Controller to make a decision under subsection (1) in relation to the person in default and either (as the Court may consider proper)—
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(a) direct the Controller to erase the name of the person in default from the Register; or
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(b) direct that, during a specified period (beginning not earlier than 7 days after the decision of the Court), the registration of the person in default shall not have effect.
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(5) Where the person in default does not, within the period of 21 days beginning on the date of the decision in question, apply to the Court for cancellation of the decision, the Controller may apply exparte to the Court for confirmation of the decision; and, if the Controller so applies, the Court on the hearing of the application shall, unless it sees good reason to the contrary, declare accordingly and either (as the Court may consider proper)—
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(a) direct the Controller to erase the name of the person in default from the Register; or
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(b) direct that, during a specified period (beginning not earlier than 7 days after the decision of the Court), the registration of the person in default shall not have effect.
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(6) The decision of the Court on an application under subsection (3) or subsection (5) shall be final, save that, by leave of the Court or the Supreme Court, an appeal by the Controller or the person in default from the decision shall lie to the Supreme Court on a specified question of law.
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