1964_TRADE_MARKS_ORDINANCE — Page 26

1986 Ed.]

Trade Marks

[CAP. 43

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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 and subject to the provisions of section 80, to the Registrar, and the tribunal may make such order for making, expunging or varying the entry as the tribunal may think fit;

(b) 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 transmis- sion 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 Regis- trar shall on receipt of the notice rectify the register accordingly.

(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, or, at the option of the applicant and subject to the provisions 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.

50. (1) The Registrar may, on request 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

(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.

(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.

Power to

expunge or vary registration for breach of condition.

1938 c. 22, s. 33.

Correction of register.

1938 c. 22, s. 34.

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