The appellant was unable to prove that there had been no such user of the trade mark for a continuous period of 61 months or longer and the lack of bona fide intention The expression "by any registered proprietors in S.46(1)(b) should not be restricted to user by proprietor or registered user who should also include bona fide or authorized users The legislature did not intend to register proprietor to be deprived of their property at the instance of user whose use is unregistered