[CAP. 401
Trade Marks
33
ner 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 the register to
Part B.
(As amended by Act No. 17 of 1980)
38. On application by any person aggrieved to the Tribunal or, at
the option of the applicant and subject to the provisions of section
sixty-four, to the Registrar or on application by the Registrar to the
High Court, the High Court, or the Registrar may make such order as
the High Court or the Registrar may think fit for expunging or vary
ing the registration of a ~rade mark on the ground of any contraven
tion of or failure to observe a condition entered on the register in
relation thereto.
Power to
expunge or
vary registra
tion for breach
of condition
(As amended by Act No. 17 of 1980)
39. (1) The Registrar may, on request made in the prescribed
manner by the registered proprietor-
'
Correction of
register
(a) correct any error in the name, address or description of the
registered proprietor Qf. a trade m<g..k.;
(b) enter any change in the name, address or description of the
person who is registered as proprietor of a
(c)
trad~.ma.rk;
-
cancel the entry of a trl!Q"e.,mar.k on the register;
:(d) strike out any goods or classes of goods from those in
respect of which ~1k.JJ1JU'k. is registered; or
(e)
enter a disclaimer or memorandum relating to ~ trade mark
which does not in any way extend the rights given by the
existing registration of th.~_ trade mark,
(2) 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, address or description of the registered user.'
(3) An appeal shall lie from any decision of the Registrar under
this section.
40. (1) The registered proprietor of a.JrJ.!,Q~...mm:k may apply in the
prescribed manner to the Registrar for leave to add to or alter the
1!ade 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.
(2) The Registrar may direct that an application under this section
shall 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
:' t\lteration of
registered
trade mark
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