Trade Marks Act, 1993 (Act No. 194 of 1993)Part VI : Register of Trade Marks24. General power to rectify entries in register |
| (1) | In the event of non-insertion in or omission from the register of any entry, or of an entry wrongly made in or wrongly remaining on the register, or of any error or defect in any entry in the register, any interested person may apply to the court or, at the option of the applicant and subject to the provisions of section 59, in the prescribed manner, to the registrar, for the desired relief, and thereupon the court or the registrar, as the case may be, may make such order for making, removing or varying the entry as it or he may deem fit. |
| (2) | The court or the registrar, as the case may be, may in any proceedings under this section decide any question that may be necessary or expedient to decide in connection with the rectification of the register. |
| (3) | In the event of the registrar being satisfied that any entry relating to the registration, assignment or transmission of a trade mark has been secured mala fide or by misrepresentation or that any such entry was wrongly made or wrongly remains on the register, he shall also have locus standi to apply to the court under the provisions of this section. |