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Chapter 7 – Rectification and Correction of the Register

BananaIP Counsels > The Trade Marks Act > Chapter 7 – Rectification and Correction of the Register

Chapter 7 – Rectification and Correction of the Register

 

Power to Cancel or Vary Registration and to Rectify the Register

 

57.—(1) On application made in the prescribed manner to the Appellate Board or to the
Registrar by any person aggrieved, the tribunal may make such order as it may think fit for
cancelling or varying the registration of a trade mark on the ground of any contravention, or
failure to observe a condition entered on the register in relation thereto.

 

(2) Any person aggrieved by the absence or omission from the register of any entry, or
by any entry made in the register without sufficient cause, or by any entry wrongly remaining
on the register, or by any error or defect in any entry in the register, may apply in the
prescribed manner to the Appellate Board or to the Registrar, and the tribunal may make such
order for making, expunging or varying the entry as it may think fit.

 

(3) The tribunal may in any proceeding under this section decide any question that may
be necessary or expedient to decide in connection with the rectification of the register.

 

(4) The tribunal, of its own motion, may, after giving notice in the prescribed manner to
the parties concerned and after giving them an opportunity of being heard, make any order
referred to in sub-section (1) or sub-section (2).

 

(5) Any order of the Appellate Board rectifying the register shall direct that notice of
the rectification shall be served upon the Registrar in the prescribed manner who shall upon
receipt of such notice rectify the register accordingly.

 

Correction of Register

 

58.—(1) The Registrar may, on application made in the prescribed manner by the
registered proprietor,—

(a) correct any error in the name, address or description of the registered proprietor of a
trade mark, or any other entry relating to the trade mark;

(b) enter any change in the name, address or description of the person who is registered
as proprietor of a trade mark;

(c) cancel the entry of a trade mark on the register;

(d) strike out any goods or classes of goods or services from those in respect of which a
trade mark is registered,
and may make any consequential amendment or alteration in the certificate of registration,
and for that purpose, may require the certificate of registration to be produced to him.

 

(2) The Registrar may, on application made in the prescribed manner by a registered
user of a trade mark, and after notice to the registered proprietor, correct any error, or enter
any change, in the name, address or description of the registered user.

 

Alteration of Registered Trade Marks

 

59.—(1) The registered proprietor of a trade mark may apply in the prescribed manner
to the Registrar for leave to add to or alter the trade mark in any manner not substantially
affecting the identity thereof, and the Registrar may refuse leave or may grant it on such terms
and subject to such limitations as he may think fit.

 

(2) The Registrar may cause an application under this section to be advertised in the
prescribed manner in any case where it appears to him that it is expedient so to do, and where
he does so, if within the prescribed time from the date of the advertisement any person gives
notice to the Registrar in the prescribed manner of opposition to the application, the Registrar
shall, after hearing the parties if so required, decide the matter.

 

(3) Where leave is granted under this section, the trade mark as altered shall be
advertised in the prescribed manner, unless the application has already been advertised under
sub-section(2).

 

Adaptation of Entries in Register to Amended or Substituted Classification of Goods or Services

 

60.—(1) The Registrar shall not make any amendment of the register which would
have the effect of adding any goods or classes of goods or services to those in respect of
which a trade mark is registered (whether in one or more classes) immediately before the
amendment is to be made or of antedating the registration of a trade mark in respect of any
goods or services.
Provided that this sub-section, shall not apply when the Registrar is satisfied that
compliance therewith would involve undue complexity and that the addition or antedating, as
the case may be, would not affect any substantial quantity of goods or services and would not
substantially prejudice the rights of any person.

 

(2) A proposal so to amend the register shall be brought to the notice of the registered
proprietor of the trade mark affected and advertised in the prescribed manner, and may be
opposed before the Registrar by any person aggrieved on the ground that the proposed
amendment contravenes the provisions of sub-section (1).

 

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