Section 42 Trade Marks Act 1967
Section 42 of the Trade Marks Act 1967 is about Adaptation of register to revised classification of goods. It is under ‘Rectification and correction of register’ of the Act. It provides as follows:
(1) The Minister may make such regulations and prescribe such forms as he thinks
expedient, for empowering the Registrar to amend the register, whether by making or striking out or varying entries therein, so far as may be requisite for the purpose of adapting the designation therein of the goods or classes of goods in respect of which trade marks are registered to any amended or substituted classification that may be prescribed.
(2) The Registrar shall not, in exercise of any power conferred on him for the purpose aforesaid, make any amendment of the register that would have the effect of adding any goods or classes of goods 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:
Provided that this subsection shall not have effect in relation to goods as to which
the Registrar is satisfied that compliance with this subsection in relation thereto would involve undue complexity and that the addition or antedating, as the case may be, would not affect any substantial quantity of goods and would not substantially prejudice the rights of any person.
(3) A proposal for the amendment of the register for the purpose aforesaid-
(a) shall be notified to the registered proprietor of the trade mark affected;
(b) shall be subject to appeal by the registered proprietor to the court;
(c) shall be advertised in the Journal with any modifications; and
(d) may be opposed before the Registrar by any person concerned on the ground
that the proposed amendment contravenes the provisions of subsection (2) of
this section.
(4) The decision of the Registrar on any opposition under subsection (3) (d) of this
section shall be subject to appeal to the court.
(5) Regulations under this section shall not have effect until published in the Federal
Gazette.
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