Power to
expubge or
breach of condition.
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(6) the tribunal may in any proceeding under this section decide any question that it may be necessary or expedient to decide in connexion with the rectification of the register; (c) in case of fraud in the registration, assignment or trans- mission of a registered trade mark, the Registrar may himself apply to the Court under the provisions of this section;
(d) any order of the Court rectifying the register shall direct that notice of the rectification shall be served in the prescribed manner on the Registrar, and the Registrar shall on receipt of the notice rectify the register accord- ingly.
(2) The power to rectify the register conferred by this section shall include power to remove a registration in Part A of the register to Part B.
49. On application by any person aggrieved to the Court, vary regis. or, at the option of the applicant and subject to the provisions ration for of section 80, to the Registrar, or on application by the Registrar to the Court, the tribunal may make such order as the tribunal may think fit for expunging or varying the registration of a trade mark on the ground of any contravention of, or failure to observe, a condition entered on the register in relation thereto.
Correction of register.
50. (1) The Registrar may, on request made in the pres cribed manner by the registered proprietor––
(a) correct any error in the name, address or description of
the registered proprietor of a trade mark; or
(b) enter any change in the name, address or description of the person who is registered as proprietor of a trade mark; or
(c) cancel the entry of a trade mark on the register; or (d) strike out any goods or classes of goods from those in
respect of which a trade mark is registered; or
(e) enter a disclaimer or memorandum relating to a trade mark which does not in any way extend the rights given by the existing registration of such trade mark.
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(2) The Registrar may, on request made in the prescribed manner by a registered user of a trade mark, correct any error, or enter any change, in the name, address or description of the registered user.
(3) Any decision of the Registrar under this section shall be subject to appeal to the Court.
tion of
51. (1) The registered proprietor of a trade mark may apply Allera. in the prescribed manner to the Registrar for leave to add to or
registered alter the trade mark in any manner not substantially affecting the trade mark. identity thereof, and the Registrar may refuse such 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 mafter.
(3) Any decision of the Registrar under this section shall be subject to appeal to the Court.
(4) Where leave as aforesaid is granted, the trade mark as altered shall be advertised in the prescribed manner, unless it has already been advertised, in the form to which it has been altered, in an advertisement under subsection (2).
name or
52. (1) The registration of a trade mark shall not be deemed Words to have become invalid by reason only of any use, after the date used as of the registration, of a word or words which the trade mark description contains, or of which it consists, as the name or description of of an an article or substance :
Provided that, if it is proved either-
(a) that there is a well-known and established use of the word or words as the name or description of the article or substance by a person or persons carrying on a trade therein, not being use in relation to goods connected in the course of trade with the proprietor or a registered user of the trade mark or (in the case of a certification trade mark) goods certified by the proprietor; or
article or aqbalance.