Section 41 Trade Marks Act 1967

Section 41 of the Trade Marks Act 1967 is about Alteration of registered trade mark. It is under ‘Rectification and correction of register’ of the Act. It provides as follows:

(I) 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 Journal 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) Any decision of the Registrar under this section shall be subject to appeal to the
court.

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