Section 39 Trade Marks Act 1967

Section 39 of the Trade Marks Act 1967 is about Power to strike out or vary registration for breach of condition. It is under ‘Rectification and correction of register’ of the Act. It provides as follows:

(1) Any person concerned may apply to the court or, at the option of the applicant
and subject to section 56 of this Act, to the Registrar, for an order under this section on the ground of any contravention of, or failure to observe, a condition entered on the register in relation to a trade mark.

(2) The Registrar may apply to the court for an order under this section on the ground aforesaid.

(3) On an application under the foregoing provisions of this section, the tribunal may make on the ground aforesaid such order as the tribunal thinks tit for striking out or varying the registration of the trade mark in question.

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