Sec 57 to 60 Chapter VII (Rectification and Correction of the Register)The Trade Marks Act, 1999

Sec 57 to 60 Chapter VII (Rectification and Correction of the Register)The Trade Marks Act, 1999

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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 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. 

(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 any 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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