TRADE MARKS.
No. 40 of 1909.
1865
permission shall be subject to appeal to the Court. If leave be granted, the trade mark as altered shall be advertised in the prescribed manner.
35. Subject to the provisions of this Ordinance,—
(1) the Court may, on the application in writing of any person aggrieved by the non-insertion in 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, make such order for making, expunging, or varying such entry, as it may think fit;
(2) the Court may in any proceeding under this section decide any question that it may be necessary or expedient to decide in connection with the rectification of the register;
(3) in case of fraud in the registration or transmission of a registered trade mark the Registrar may himself apply to the Court under the provisions of this section;
(4) any order of the Court 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.
Rectification of register.
5 Edw. 7 c. 15 s. 35.
36. No trade mark which is upon the register at the commencement of this Ordinance and which under this Ordinance is a registered registrable trade mark shall be removed from the register on the ground that it was not registrable under the Ordinance in force at the date of its registration. But nothing in this section contained shall subject any person to any liability in respect of any act or thing done before the commencement of this Ordinance to which he would not have been subject under the Ordinance then in force.
37. A registered trade mark may, on the application to the Court of any person aggrieved, be taken off the register in respect of any of the goods for which it is registered, on the ground that it was registered by the proprietor or a predecessor in title without any bonâ fide intention to use the same in connection with such goods, and that there has in fact been no bonâ fide user of the same in connection therewith, or on the ground that there has been no bonâ fide user of such trade mark in connection with such goods during the 5 years immediately preceding the application, unless in either case such non-user is shown to be due to special circumstances.
TRADE MARKS.
No. 40 of 1909.
1865
permission shall be subject to appeal to the Court. If leave be granted, the trade mark as altered shall be advertised in the prescribed manner.
35. Subject to the provisions of this Ordinance,—
(1) the Court may, on the application in writing of any person aggrieved by the non-insertion in 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, make such order for making, expunging, or varying such entry, as it may think fit;
(2) the Court may in any proceeding under this section decide any question that it may be necessary or expedient to decide in connection with the rectification of the register;
(3) in case of fraud in the registration or transmission of a registered trade mark the Registrar may himself apply to the Court under the provisions of this section;
(4) any order of the Court 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.
Rectification of register.
5 Edw. 7 c. 15 s. 35.
36. No trade mark which is upon the register at the commence- Trade marks ment of this Ordinance and which under this Ordinance is a registered
ib. s. 36.
registrable trade mark shall be removed from the register on the under
previous ground that it was not registrable under the Ordinance in force at enactments. the date of its registration. But nothing in this section contained shall subject any person to any liability in respect of any act or thing done before the commencement of this Ordinance to which he would not have been subject under the Ordinance then in force.
37. A registered trade mark may, on the application to the Court Non-user of of any person aggrieved, be taken off the register in respect of trade mark.
any ib. s. 37. of the goods for which it is registered, on the ground that it was registered, by the proprietor or a predecessor in title without any bonâ fide intention to use the same in connection with such goods, and that there has in fact been no bond fide user of the same in connection therewith, or on the ground that there has been no bonâ fide user of such trade mark in connection with such goods during the 5 years immediately preceding the application, unless in either case such non-user is shown to be due to special cir-
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