(1) The High Court may decide not to grant an application for rectification made—
(a) under section 71;
(b) on the ground that the trade mark is liable to deceive or confuse; or
(c) on the ground referred to in section 72(2)(c),
if the registered owner of the trade mark satisfies the High Court that the ground relied on by the applicant has not arisen through any act or fault of the registered owner.
(2) In making a decision under subsection (1), the High Court—
(a) shall also take into account any matter that is prescribed; and
(b) may take into account any other matter that it considers relevant.