Trade Marks Act, 1996

Rectification or correction of the register.

67.—(1) Any person having a sufficient interest may apply for the rectification of an error or omission in the register:

Provided that an application for rectification may not be made in respect of a matter affecting the validity of the registration of a trade mark.

(2) An application for rectification may be made either to the Controller or to the Court, except that—

(a) if proceedings concerning the trade mark in question are pending in the Court, the application must be made to the Court; and

(b) if in any other case the application is made to the Controller, he may at any stage of the proceedings refer the application to the Court.

(3) Unless the Controller or the Court otherwise directs, the effect of rectification of the register is that the error or omission in question shall be deemed never to have been made.

(4) The Controller may (of his own motion) correct any error made by him in any entry in the Register but, before doing so, he shall give notice of the proposed correction to any person who appears to him to be concerned.

(5) The Controller may, on request made in the prescribed manner by the proprietor of a registered trade mark—

(a) enter any change in the proprietor's name or address as recorded in the register;

(b) amend the specification of the goods in respect of which a trade mark is registered, provided that the amendment does not in any way extend the rights given by the existing registration of the trade mark; or

(c) enter a disclaimer or memorandum relating to a trade mark which does not in any way extend the rights given by the existing registration of the trade mark.

(6) The Controller may, on request made in the prescribed manner by the licensee of a registered trade mark, enter any change in the licensee's name or address as recorded in the register.

(7) The Controller may remove from the register matter appearing to him to have ceased to have effect.