36 CAP. 506 Trade Marks [Rev. 2009 to be entitled, on the basis of that earlier trade mark or earlier rights (a) to apply for a declaration that the registration of the latter trade mark is invalid; or (b) to oppose the use of the latter trade mark in relation to the goods or services in relation to which is has been so used, unless the registration of the latter trade mark was applied for in bad faith. (2) Where subsection (1) applies, the proprietor of the latter trade mark shall not be entitled to oppose the use of the earlier trade mark or the exploitation of the earlier right, as the case may be, notwithstanding that the earlier trade mark or right, may no longer be invoked against his latter trade mark. Correction of register. 5 of 1994. 37. (1) The Registrar may, on request 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; (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 services or classes of goods or services, as the case may be, 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) The Registrar may, on request made in the prescribed manner by a licensee of a trade mark, correct any error, or enter any change, in the name, address or description of the licensee. (3) Any decision of the Registrar under this section shall be subject to appeal to the court. Alteration of registered trade mark. 38. (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 refuse leave or may grant it on such terms and subject to such limitations as he may think fit.

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