A based on evidence of distinctiveness through use. Statutory Declarations re use submitted as evidence - analysis of these. Section 16 - Importance of the register as an accurate public record as to proprietorship of any particular mark registered. Abridgment Discussion re whether trade mark needs to be assigned or a registered user nominated, when trade marks are owned by member companies of a group - and the company actually invoicing the goods is not recorded as the owner. RPC 716 must be connection in the course of trade between proprietor or licensee to presume validity of TM Found no connection in the course of trade, and non-use.
Marks are liable for removal.
RPC297 Commissioner has discretion to refuse removal even though a ground for removal has been established. Goods are long lasting and continuity in service is assisted by retention of the marks on the register. Held in public interest to allow trade marks to remain on the register.