CAP. 43]
[s. 33 cont.]
Alteration of registered trade mark. 5 Edw. 7, c. 15, s. 34.
Rectification of register.
33 of 1947, s.10.
Trade Marks.
and on proof of title to his satisfaction, cause the name and address of such person to be entered on the register as proprietor 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. (1) 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, may apply in the prescribed manner to the court or, at the option of the applicant, to the Registrar, and any such tribunal may make such order for making, expunging or varying the entry as such tribunal may think fit.
(2) Such 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.
(3) In case of fraud in the registration, assignment 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 in the prescribed manner on the Registrar, and the Registrar shall on receipt of the notice rectify the register accordingly.
(5) If an action concerning the trade mark is pending, the application must be made to the court. In any other case, if the application is made to the Registrar, he may, at any stage of the proceedings, refer the application...
358
CAP. 43]
[s. 33 cont.]
Alteration of registered trade mark. 5 Edw. 7, c. 15, s. 34.
Rectification of register.
33 of 1947, s.10.
Trade Marks.
and on proof of title to his satisfaction, cause the name and address of such person to be entered on the register as proprietor 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. (1) 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, may apply in the prescribed manner to the court or, at the option of the applicant, to the Registrar, and any such tribunal may make such order for making, expunging or varying the entry as such tribunal may think fit.
(2) Such 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.
(3) In case of fraud in the registration, assignment 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 in the prescribed manner on the Registrar, and the Registrar shall on receipt of the notice rectify the register accordingly.
In
(5) If an action concerning the trade mark is pending, the application must be made to the court. any other case if the application is made to the Registrar, he may, at any stage of the proceedings, refer the applica-
358
No comments yet.
Private notes are available after approval.