Rev. 2009]
Trade Marks
CAP. 506
37
(2) The Registrar may cause an application under this section to
be advertised in the prescribed manner 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.
(3) A decision of the Registrar under this section shall be subject
to appeal to the court.
(4) Where leave under this section is granted, the trade mark
as altered shall be advertised in the prescribed manner, unless it has
already been advertised, in the form to which it has been altered, in an
advertisement under subsection (2).
39. (1) The Minister may from time to time make such rules,
prescribe such forms and generally do such things as he thinks expedient,
for empowering the Registrar to amend the register, whether by making
or expunging or varying entries therein, so far as may be requisite for
the purpose of adapting the designation therein of the goods or classes
of goods or services or classes of services in respect of which trade
marks are registered to any amended or substituted classification that
may be prescribed.
(2) The Registrar shall not, in exercise of any power conferred on
him for the purpose referred to in subsection (1), make any amendment
of the register that would have the effect of adding any goods or classes
of goods to those in respect of which a trade mark is registered (whether
in one or more classes) immediately before the amendment is to be
made, or of ante-dating the registration of a trade mark in respect of
any goods:
Provided that this subsection shall not have effect in relation to
goods as to which the Registrar is satisfied that compliance with this
subsection in relation thereto would involve undue complexity and that
the addition or ante-dating, as the case may be, would not affect any
substantial quantity of goods and would not substantially prejudice the
rights of any person.
(3) A proposal for the amendment of the register for the purpose
referred to in subsection (1) shall be notified to the registered proprietor
of the trade mark affected, shall be subject to appeal by the registered
proprietor to the court, shall be advertised with any modifications, and
may be opposed before the Registrar by any person aggrieved on the
ground that the proposed amendment contravenes subsection (2), and
Adaption of entries in
register to amended
or substituted
classification of
goods.
39 of 1962, s. 5,
5 of 1994.