3 in case of fraud in the registration assignment or

  • No School
  • AA 1
  • 74

This preview shows page 67 - 69 out of 74 pages.

(3) In case of fraud in the registration, assignment or transmission of a registered trademark, the registrar may himself or herself apply to the court under this section. (4) An order of the court rectifying the register shall direct that the notice of the rectification be served in the prescribed manner on the registrar and the registrar shall, on receipt of the notice, rectify the register accordingly. 89. Power to expunge or vary registration for breach of condition. On application by a person aggrieved to the court, and subject to section 64, to the registrar or on application by the registrar to the court, the court or the registrar may make such order as the court or the registrar may think fit for expunging or varying the registration of a trademark on the ground of a contravention of or failure to observe a condition entered on the register in relation to the trademark. 90. Correction of register. (1) The registrar may, on request made in the prescribed manner by the registered owner— (a) correct an error in the name, address or description of the registered owner of a trademark; (b) enter a change in the name, address or description of the person who is registered as owner of a trademark; (c) cancel the entry of a trademark on the register; (d) strike out goods or services or classes of goods or services from those in respect of which a trademark is registered; or (e) enter a disclaimer or memorandum relating to a trademark which does not in any way extend the rights given by the existing registration of the trademark. 67
Image of page 67
Act 17 Trademarks Act 2010 (2) The registrar may, on request made in the prescribed manner by a registered user of a trademark, correct any error or enter any change in a name, address or description of the registered user. (3) A person aggrieved by the decision of the registrar under this section may appeal to the court. 91. Alteration of registered trademark. (1) The registered owner of a trademark may apply in the prescribed manner to the registrar for leave to add to or alter the trademark in a manner not substantially affecting the identity of the trademark and the registrar may refuse leave or grant it on terms and subject to limitations as he or she may think fit. (2) The registrar may cause an application under this section to be advertised in the prescribed manner where it appears to him or her that it is expedient to do so and where he or she does so, if within the prescribed time from the date of the advertisement a person gives notice to the registrar in the prescribed manner of objection to the application, the registrar shall, after hearing the parties, decide the matter. (3) Where leave is granted, the trademark as altered shall be advertised in the prescribed manner unless it has already been advertised, in the form to which it has been altered, in an advertisement under subsection (2). (4) A person aggrieved by the decision of the registrar under this section may appeal to the court. 92. Adaptation of entries in register to amend or substitute classification of goods or services.
Image of page 68
Image of page 69

You've reached the end of your free preview.

Want to read all 74 pages?

  • Fall '19

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern

Stuck? We have tutors online 24/7 who can help you get unstuck.
A+ icon
Ask Expert Tutors You can ask You can ask You can ask (will expire )
Answers in as fast as 15 minutes
A+ icon
Ask Expert Tutors