(1) Subject to subsection (3) and to section 86, if—
(a) the proceedings relating to an opposed application have not been discontinued or dismissed; and
(b) the Registrar is satisfied that the grounds on which the application was made have been established,
the Registrar may decide to remove the trade mark from the Register in respect of any or all of the goods or services or both to which the application relates.
(2) Subject to subsection (3) and to section 86, if, at the end of the proceedings relating to an opposed application, the High Court is satisfied that the grounds on which the application was made have been established, the High Court may order the Registrar to remove the trade mark from the Register in respect of any or all of the goods or services or both to which the application relates.
(3) If satisfied that it is reasonable to do so, the Registrar or the High Court may decide that the trade mark should not be removed from the Register even if the grounds on which the application was made have been established.