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Cap. 597 · Trademarks Act (Cap. 597)

Cap. 597 Art. 92Rectification or correction of the register.

PART III - ADMINISTRATIVE AND OTHER

En vigueurTexte officiel

(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 trademark.

(2) An application for rectification may be made either to the Comptroller or to the Court:

Provided that if proceedings concerning the trademarks in question are pending before the Court -

(a) the application must be made to the Court; and

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

(3) Except where the Comptroller or the Court directs otherwise 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 Comptroller may, on request made in the prescribed manner by the proprietor of a registered trademark, or a licensee, enter any change in his name or address as recorded in the register.

(5) The Comptroller may remove from the register any matter appearing to him to have ceased to have effect.

(6) The applicant or proprietor may divide a national trademark application or registration into two or more separate applications or registrations by sending a declaration to the Office and indicating for each divisional application or registration the goods or services covered by the original application or registration which are to be covered by the divisional applications or registrations.