Intellectual
Property Rights
Trade
Marks Act, 1999
CHAPTER VII: RECTIFICATION AND CORRECTION OF THE REGISTER
57. Power to cancel or vary registration and to rectify the register
(1)
On application made in the prescribed manner to the Appellate Board or
to the Registrar by any person aggrieved, the tribunal may make such order
as it may think fit for cancelling or varying the registration of a trade
mark on the ground of any contravention, or failure to observe a condition
entered on the register in relation thereto.
(2) Any
person aggrieved by the absence or omission from the register of any entry,
or by any entry made in the register without sufficient cause, or by any
entry wrongly remaining on the register, or by any error or defect in
any entry in the register, may apply in the prescribed manner to the Appellate
Board or to the Registrar, and the tribunal may make such order for making,
expunging or varying the entry. as it may think fit.
(3) The
tribunal may in any proceeding under this section decide any question
that may be necessary or expedient to decide in connection with the rectification
of the register.
(4) The
tribunal, of its own motion, may, after giving notice in the prescribed
manner to the parties concerned and after giving them an opportunity of
being heard, make any order referred to in sub-section (1) or sub-section
(2).
(5) Any
order of the Appellate Board rectifying the register shall direct that
notice of the rectification shall be served upon the Registrar in the
prescribed manner who shall upon receipt of such notice rectify the register
accordingly.
58. Correction of register
(1) The
Registrar may, on application made in the prescribed manner by the registered
proprietor,-
(a) correct
any error in the name, address or description of the registered proprietor
of a trade mark, or any other entry; relating to the trade mark;
(b) enter
any change in the name, address or description of the person who is registered
as proprietor of a trade mark;
(c) cancel
the entry of a trade mark on the register;
(d) strike
out any goods or classes of goods or services from those in respect of
which a trade mark is registered,
and may
make any consequential amendment or alteration in the certificate of registration,
and for that purpose, may require the certificate of registration to be
produced to him.
(2) The
Registrar may, on application made in the prescribed manner by a registered
user of a trade mark, and after notice to the registered proprietor, correct
any error, or enter any change, in the name, address or description of
the registered user.
59. Alteration of registered trade marks
(1) The
registered proprietor of a trademark may apply in the prescribed manner
to the Registrar for leave to add to or alter the trade mark in any manner
not substantially affecting the identity thereof, and the Registrar may
refuse leave or may grant it on such terms and subject to such limitations
as he may think fit
(2) The
Registrar may cause an application under this section to be advertised
in the prescribed manner in any case where it appears to him that it is
expedient so to do, and where he. does so, if within the prescribed time
from the date of the advertisement any person gives notice to the Registrar
in the prescribed manner of opposition to the application, the Registrar
shall, after hearing the parties if so required, decide the matter.
(3) Where
leave is granted under this section, the trade mark as altered shall be
advertised in the prescribed manner, unless the application has already
been advertised under sub-section (2).
60. Adaptation of entries in register to amended or substituted
classification of goods or services
(1) The
Registrar shall not make any amendment of the register which would have
the effect of adding arty goods or classes, of goods or services to those
in respect of which a trade mark is registered (whether in one or more
classes) immediately before the amendment is to be made or of antedating
the registration of a trade mark in respect of any goods or services:
PROVIDED
that this sub-section, shall not apply when the Registrar is satisfied
that compliance therewith would involve undue complexity and that the
addition or antedating, as the case may be, would not affect any substantial
quantity of goods or services and would not substantially prejudice the
rights of any person.
(2) A
proposal so to amend the register shall be brought to the notice of the
registered proprietor of the trade mark affected and advertised in the
prescribed manner, and may be opposed before the Registrar by any person
aggrieved on the ground that the proposed amendment contravenes the provisions
of sub-section (1).
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1950 till date
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