Trade Marks Act · s 61

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61.
Rectification of register
(1) Any person having a sufficient interest may apply for the rectification of an error in or omission from the register:
Provided that an application for rectification may not be made in respect of a matter affecting the validity of the registration of a trade mark.
(2) An application for rectification may be made either to the
Registrar or to the court, except that —
(a) if proceedings concerning the trade mark are pending in the court, the application must be made to the court; and
(b) if in any other case the application is made to the Registrar, he may at any stage of the proceedings refer the application to the court.
(3) Except where the Registrar or the court directs otherwise, the effect of rectification of the register is that the error or omission in question is deemed never to have been made.
(4) The Registrar may, on request made in the prescribed manner by the proprietor of a registered trade mark, or a licensee, enter any change in his name or address as recorded in the register.
(5) The Registrar may remove from the register matter appearing to him to have ceased to have effect.
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s 61Rectification of register

(1)

Any person having a sufficient interest may apply for the rectification of an error in or omission from the register:

Provided that an application for rectification may not be made in respect of a matter affecting the validity of the registration of a trade mark.

(2)

An application for rectification may be made either to the

Registrar or to the court, except that —

(a)

if proceedings concerning the trade mark are pending in the court, the application must be made to the court; and

(b)

if in any other case the application is made to the Registrar, he may at any stage of the proceedings refer the application to the court.

(3)

Except where the Registrar or the court directs otherwise, the effect of rectification of the register is that the error or omission in question is deemed never to have been made.

(4)

The Registrar may, on request made in the prescribed manner by the proprietor of a registered trade mark, or a licensee, enter any change in his name or address as recorded in the register.

(5)

The Registrar may remove from the register matter appearing to him to have ceased to have effect.

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