Trade Marks Act, 1996

Withdrawal, restriction or amendment of application.

44.—(1) An applicant may at any time by notice in writing withdraw his application or restrict the goods or services covered by the application; and, if the application has been published in the Journal, any withdrawal or restriction of the application shall also be published in the Journal.

(2) Any such withdrawal as is mentioned in subsection (1) shall be irrevocable after the expiry of three months from the date of notice of the withdrawal.

(3) In a case not falling within subsection (1), an application may be amended, at the request of the applicant, so long as the amendment does not substantially affect the identity of the trade mark or extend the goods or services covered by the application and, in particular, an amendment may be made (subject to that qualification) to correct—

(a) the name or address of the applicant;

(b) errors of wording or of copying; or

(c) obvious mistakes.

(4) Provision shall be made by rules for the publication of any amendment which affects the representation of the trade mark, or the goods or services covered by the application, and for the making of objections by any person claiming to be affected by it.