“There is of course no dispute that a trade mark remaining improperly on the register might be expurgated there from by order of court. Section 42(1) of the Trade Marks Act, Cap. 199 provides as follows: “42(1) The court may, on the application of any person aggrieved by the omission without sufficient cause of the name of any person or of any other particulars from the register kept under this Act or by any entry made without sufficient cause in any such register, or by any entry wrongfully remaining on the register, make such order for making, expunging, or varying the entry as the court thinks fit, or the court may refuse the application, and in either may make such order with respect to the cost of the proceedings as the court thinks fit.” So, the grounds on which an order of expurgation could be made are as follows: (i) If there has been an omission without sufficient cause of the name of any person or of any other particulars from the register; or (ii) If any entry has been made without sufficient cause in any such register; or (iii) If any entry wrongfully remains on the register.”

Per COKER, JSC in ELECKTROTECHNISCHE FABRIK SCHMIDT AND CO. V. BATERIA SLANY NARODNI PODNIC (1972) LCER-681(SC) (Pp 7 – 8, Paras G – E)