1923_TRADE_MARKS_ORDINANCE__1909 — Page 12

1810

No. 40 of 1909.

Registration of assign- ments.

5 Edw. 7, c. 15, s. 33.

Alteration of registered trade mark. 5 Edw. 7,

c. 15, s. 34.

Rectification of Register. 5 Edw. 7, c. 15, s. 35.

TRADE MARKS.

(5) 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.

Any decision of the Registrar under this section shall be subject to appeal to the court.

33. Subject to the provisions of this Ordinance, where a person becomes entitled to a registered trade mark by assignment, transmission, or other operation of law, the Registrar shall, on request made in the prescribed manner and on proof of title to his satisfaction, cause the name and address of such person to be entered on the Register as pro- prietor of the trade mark.

Any decision of the Registrar under this section shall be subject to appeal to the court.

34. The registered proprietor of any trade mark may apply in writing to the Registrar for leave to add to or alter such trade mark in any manner not substantially affecting the identity of the same, and the Registrar may refuse such leave or may grant the same on such terms as he may think fit, but any such refusal or conditional 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 connexion 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;