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[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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