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Power of court to amend register.
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129.—(1) Subject to the provisions of this Act the court may, on the application in the prescribed manner of any person aggrieved by the non-insertion in or omission from any register kept pursuant to any of the foregoing Parts of this Act of any entry or by any entry made in any such register without sufficient cause, or by any entry wrongly remaining on any such register, or by an error or defect in any entry in any such register, make such order for making, expunging, or varying such entry as it may think fit.
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(2) The court may in any proceeding under this section decide any question that it may be necessary or expedient to decide in connection with the rectification of any such register.
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(3) The prescribed notice of any application under this section shall be given to the controller, who shall have the right to appear and be heard thereon, and shall appear if so directed by the court.
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(4) In the case of fraud in the registration or transmission of a patent, or a registered design or trade mark, the controller may himself apply to the court under the provisions of this section.
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(5) Any order of the court rectifying any such register shall direct that notice of the rectification be served on the controller in the prescribed manner, who shall upon the receipt of such notice rectify the register accordingly.
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(6) Any application under this section (other than an application by the controller) may, at the option of the applicant, be made in the first instance to the controller, and in such case the controller shall have all the powers of the court under this section, but his decision shall be subject to appeal to the court.
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(7) The court may in any proceeding under this section in relation to the register of trade marks, direct a trade mark registered in Part A of that register to be removed to Part B of that register.
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