(1) A person aggrieved by the fact that a trade mark is or may be registered may, subject to subsection (3), apply to the Registrar for the trade mark to be removed from the Register.
(2) An application under subsection (1)—
(a) shall be as prescribed in the regulations; and
(b) may be made in respect of any or all of the goods or services or both in respect of which the trade mark may be, or is, registered.
(3) An application shall not be made to the Registrar under subsection (1) if an action concerning the trade mark is pending in the High Court, but the person aggrieved may apply to the High Court for an order directing the Registrar to remove the trade mark from the Register.
(4) An application under subsection (1) or (3) may be made if—
(a) on the day on which the application for the registration of the trade mark was filed, the applicant for registration had no intention in good faith—
(i) to use the trade mark in Saint Lucia,
(ii) to authorise the use of the trade mark in Saint Lucia, or
(iii) to assign the trade mark to a body corporate for use by the body corporate in Saint Lucia,
in relation to the goods or services or both to which the application relates and the registered owner has not used the trade mark in Saint Lucia or has not used the trade mark in good faith in Saint Lucia in relation to those goods or services or both at any time before the period of one month ending on the day on which the application is filed; or
(b) the trade mark has remained registered for a continuous period of 3 years ending one month before the day on which the non-use application is filed, and, at no time during that period, the person who was then the registered owner—
(i) used the trade mark in Saint Lucia, or
(ii) used the trade mark in good faith in Saint Lucia,
in relation to the goods or services or both to which the application relates.
(5) If the right or interest on which a person relied to make an application under subsection (1) or (3) to obtain the removal of a trade mark from the Register becomes vested in another person, the other person may, on giving notice of the relevant facts to the Registrar or the High Court as the case requires, be substituted for the first-mentioned person as the applicant.