alter a registration in Part A of the Register to a registration in Part B of the Register. 38 Power to expunge or vary registration for breach of condition or registration of distinguishing guise (1) On application by— (a) any person aggrieved to the Tribunal or, at the option of the applicant and subject to section seventy-seven, to the Registrar; or (b) the Registrar to the Tribunal; the Tribunal or the Registrar may make such order as the Tribunal or the Registrar may think fit for expunging or varying the registration of a trade mark on the ground of any contravention of or failure to observe a condition entered on the Register in relation thereto. (2) On application by any person aggrieved to the Tribunal or, at the option of the applicant and subject to section seventy-seven, to the Registrar, the Tribunal or the Registrar may make such order as the Tribunal or the Registrar may think fit for expunging or varying the registration of a distinguishing guise on the ground that the registration of that distinguishing guise has become likely to limit unreasonably the development of any art or industry. 39 Correction of Register (1) On request made in the prescribed manner by the registered proprietor, the Registrar may— (a) correct any error in the name, address or description of the registered proprietor of a trade mark; or (b) enter any change in the name, address or description of the person who is registered as proprietor of a trade mark; or (c) cancel the entry of a trade mark on the Register; or (d) strike out any goods or services from those in respect of which a trade mark is registered; or (e) 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. (2) On request made in the prescribed manner by the registered user of a trade mark, the Registrar may correct any error or enter any change in the name, address or description of the registered user. (3) On request made in the prescribed manner by the registered proprietor or the registered user, as the case may be, the Registrar may— (a) correct any error or enter any change in the name or address of the person appointed for the purposes of his address for service; or (b) enter the name and address of any person appointed for the purposes of his address for service and cancel any previous appointment. (4) The Registrar, after giving such notice, if any, as he considers to be necessary, may correct any error in an entry in the Register which has been made by an officer in the Trade Marks Office. (5) An appeal shall lie from any decision of the Registrar under this section. 40 Alteration of registered trade mark (1) The registered proprietor of a trade mark 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— (a) refuse leave; or (b) grant leave on such terms and subject to such limitations as he may think fit. (2) The Registrar may direct that an application in terms of subsection (1) shall be advertised in the prescribed manner in any case where it appears to him that it is expedient so to do. (3) If, within the prescribed period from the date of an advertisement in terms of subsection (2), 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

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents