(d)
39.
(2)
The tribunal may in any proceedings 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, assignment or transmission of a registered trade mark, the
Registrar may himself apply to the court under the provision 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)
The power to rectify the register conferred by this section shall include power to remove a
registration in Part A of he register to Part B.
(1)
(2)
On an application under the foregoing provision of this section, the tribunal may make on the
ground aforesaid such order as the tribunal thinks fit for striking out or varying the registration of the
trade mark in question.
(1)
(a)
(b)
(c)
correct any error in the name or address of the registered proprietor of a trade mark;
enter any change in the name or address of the person who is registered as proprietor of a
trade mark;
cancel the entry of a trade mark on the register;
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 he trade mark.
(3)
(1)
(2)
The Registrar may on request made in the prescribed manner by the registered proprietor -
(d)
(2)
41.
Any person concerned may apply to the court or, at he option of the applicant and subject to
section56 of this Act, to the Registrar for an order under this section on the ground of any
contravention of, or failure to observe, a condition entered on the register in relation to a trade mark.
The Registrar may apply to the court for an order under this section on the ground aforesaid.
(3)
40.
that any error or defect exists in any entry on the register, may apply in the prescribed manner
to the court or, at the option of the applicant and subject to section 56 of this Act, to the
Registrar, and the tribunal may make such order for making, expunging or varying the entry as
the tribunal thinks fit.
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 or address of the registered user.
Any decision of the Registrar under this section shall be subject to appeal to the court.
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 refuse leave or may grant it on such terms and subject to such limitations as
he may think fit.
The Registrar may cause an application under this section to be advertised in the Journal in any
case where it appears to him that it is expedient so to do, and where he does so, if within the
prescribed time from the date of the advertisement 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
required, decide the matter.