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(b) where a trade mark has been used in relation to some, but not all, of the goods
or services in respect of which it is registered, such use s.hall be deemed to be
equivalent to the use of the trade mark in relation to all closely related goods 0 r
services in respect of which it is registered;
(c) where a trade mark is applied to goods or services to be exported from the
country, such use shall be deemed to be equiva1entto the use of the trade mark
in relation to those goods or services in Swaziland;
(d) the use of the trade mark with additions or alterations not substantially affect
ing its identity, may be accepted as an equivalent for the use of the tra de rnirk.
Power of Registrar to permit amendment
of application} etc.
35. (1) The Registrar may at any time before registration of a trade mark permit the
applicant to amend his application or any document relating to the application or proceedin gs
before him on such terms as to costs as he may determine.
(2) If rights in a trade mark which is the subject of a pending application have been
lawfully acquired by any person (including a body incorporate) other than the applicant on or
after the date of application, the Registrar may, if satisfied that it is proper to do so and on
payment of the prescribed fee, permit the applicant or such other person to amend the appli
cation by the substitution of the name of that other person as applicant for registration.
Alteration oj registered trade mark..
36. (1) The registered proprietor of a trade mark may, on payment of the prescribed fee
and in the prescribed manner, apply to the Registrar for leave to add to or alter the trade
mark in any manner not substantially affecting the character thereof.
(2) .A n application under this section shall be published in the Gazette and sections 26)
27 and 28 shall, mutatis mutandis, apply thereto.
Rectification.
37.. Any person aggrieved by the non-insertion in or omission from the Register of an entry,
or by any entry made in the Register without sufficient cause, or by any entry wrongly re
maining on the Register, or by any error or defect in any entry in the Registervmay apply to
the Registrar, and the Registrar may make such order for making, expunging or varying
the entry as he may determine.
Fraud ill the Registration) Renewal, Assignment or Transmission.
38. In case of fraud in the registration, renewal, assignment, or transmission or a registered
trademark, the Registrar may himself rectify the Register as he may determine.
Breach of condition.
39. The Registrar may make such order as he 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.
Correction of the Register.
40. (1) The Registrar may, on application made in the prescribed manner by the registered
proprietor
(a) correct any error inthe name, address or description of the registered proprietor
of a trade mark;