alter a registration in Part A of the Register to a registration in Part B of the Register.
38
Power to expunge or vary registration for breach of condition or registration
of distinguishing guise
(1) On application by—
(a)
any person aggrieved to the Tribunal or, at the option of the applicant
and subject to section seventy-seven, to the Registrar; or
(b)
the Registrar to the Tribunal;
the Tribunal or the Registrar may make such order as the Tribunal or the Registrar
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.
(2) On application by any person aggrieved to the Tribunal or, at the option of the
applicant and subject to section seventy-seven, to the Registrar, the Tribunal or the
Registrar may make such order as the Tribunal or the Registrar may think fit for
expunging or varying the registration of a distinguishing guise on the ground that the
registration of that distinguishing guise has become likely to limit unreasonably the
development of any art or industry.
39
Correction of Register
(1) On request made in the prescribed manner by the registered proprietor, the
Registrar may—
(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 services 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 the trade mark.
(2) On request made in the prescribed manner by the registered user of a trade mark,
the Registrar may correct any error or enter any change in the name, address or
description of the registered user.
(3) On request made in the prescribed manner by the registered proprietor or the
registered user, as the case may be, the Registrar may—
(a)
correct any error or enter any change in the name or address of the
person appointed for the purposes of his address for service; or
(b)
enter the name and address of any person appointed for the purposes
of his address for service and cancel any previous appointment.
(4) The Registrar, after giving such notice, if any, as he considers to be necessary,
may correct any error in an entry in the Register which has been made by an officer in
the Trade Marks Office.
(5) An appeal shall lie from any decision of the Registrar under this section.
40
Alteration of registered trade mark
(1) The registered proprietor of a trade mark may apply in the prescribed manner to
the Registrar for leave to add to or alter the trade mark in any manner not
substantially affecting the identity thereof, and the Registrar may—
(a)
refuse leave; or
(b)
grant leave on such terms and subject to such limitations as he may
think fit.
(2) The Registrar may direct that an application in terms of subsection (1) shall be
advertised in the prescribed manner in any case where it appears to him that it is
expedient so to do.
(3) If, within the prescribed period from the date of an advertisement in terms of
subsection (2), 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