(1) This section applies if an application for the removal of a trade mark from the Register is made on the ground referred to in section 76(4)(b) and—
(a) the applicant is the registered owner of a trade mark that is substantially identical with, or deceptively similar to, the challenged trade mark and is registered in respect of the goods or services or both specified in the application subject to the condition or limitation that the use of the trade mark is to be restricted to—
(i) goods or services or both to be dealt with or provided in a particular place in Saint Lucia, otherwise than for export from Saint Lucia, or
(ii) goods or services or both to be exported to a particular market; or
(b) the Registrar or the High Court is of the opinion that such a trade mark may properly be registered in the name of the applicant with that condition or limitation.
(2) If the Registrar or the High Court is satisfied—
(a) that the challenged trade mark has remained registered for the period referred to in section 76(4)(b); and
(b) that during that period there has been no use, or no use in good faith, of the challenged trade mark in relation to—
(i) goods or services dealt with or provided in the particular place referred to in subsection (1), or
(ii) goods or services to be exported to the particular market referred to in subsection (1),
the Registrar may decide, or the High Court may order, that the challenged trade mark should not be removed from the Register but that the registration of the trade mark should be subject to the conditions or limitations that the Registrar or the High Court considers necessary to ensure that the registration does not extend to the use of the trade mark in relation to—
(c) goods or services dealt with or provided in the specified place; or
(d) goods or services to be exported to the specified market.
(3) In this section “challenged trade mark” means the trade mark in relation to which an application for removal is made under subsection (1).