Section 38 Trade Marks Act 1967

Section 38 of the Trade Marks Act 1967 is about General power to rectify register. It is under ‘Rectification and correction of register’ of the Act. It provides as follows:

(1) Any person concerned who alleges-
(a) that any entry has not been inserted in, or has been omitted from, the register;
or
(b) that any entry has been made in the register without sufficient cause; or
(c) that any entry wrongly remains on the register; or
(d) that any error or defect exists in any entry on the register, may apply in the prescribed manner to the court or, at the option of the applicant and subject to section 56 of this Act, to the Registrar, and the tribunal may make such order
for making, expunging or varying the entry as the tribunal thinks tit.

(2) The tribunal may, in any proceedings under this section, decide any question that it may be necessary or expedient to decide in connection with the rectification of the register.

(3) In case of fraud in the registration, assignment or transmission of a registered
trade mark, the Registrar may himself apply to the court under the provisions of this section.

(4) Any order of the court rectifying the register shall direct that notice of the rectification shall be served in the prescribed manner on the Registrar, and the Registrar shall on receipt of the notice rectify the register accordingly.

(5) The power to rectify the register conferred by this section shall include power to remove a registration in Part A of the register to Part B.

[/membership]