Section 40 Trade Marks Act 1967

Section 40 of the Trade Marks Act 1967 is about Correction of register. It is under ‘Rectification and correction of register’ of the Act. It provides as follows:

(1) The Registrar may, on request made in the prescribed manner by the registered proprietor-
(a) correct any error in the name or address of the registered proprietor of a trade
mark;
(b) enter any change in the name or address 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 from those in respect of which a trade mark is registered; or
(e) enter a disclaimer or memorandum relating to a trade mark which does not in any way extend the rights given by the existing registration of the trade mark.

(2) The Registrar may, on request made in the prescribed manner by a registered user of a trade mark, correct any error, or enter any change, in the name or address of the registered user.

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

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