36
CAP. 506
Trade Marks
[Rev. 2009
to be entitled, on the basis of that earlier trade mark or earlier rights (a) to apply for a declaration that the registration of the latter
trade mark is invalid; or
(b) to oppose the use of the latter trade mark in relation to the
goods or services in relation to which is has been so used,
unless the registration of the latter trade mark was applied
for in bad faith.
(2) Where subsection (1) applies, the proprietor of the latter trade
mark shall not be entitled to oppose the use of the earlier trade mark or
the exploitation of the earlier right, as the case may be, notwithstanding
that the earlier trade mark or right, may no longer be invoked against
his latter trade mark.
Correction of
register.
5 of 1994.
37. (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;
(b) enter any change in the name, address or description of the
person who is registered as proprietor of a trade mark;
(c) cancel the entry of a trade mark on the register;
(d) strike out any goods or services or classes of goods or
services, as the case may be, 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) The Registrar may, on request made in the prescribed manner
by a licensee of a trade mark, correct any error, or enter any change, in
the name, address or description of the licensee.
(3) Any decision of the Registrar under this section shall be subject
to appeal to the court.
Alteration of
registered trade mark.
38. (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 refuse leave or may grant it on such terms and subject
to such limitations as he may think fit.