TRADE MARKS ORDINANCE
(2) The registration of a trade mark may be varied only on the ground that there has been a contravention of or a failure to observe any condition entered in the register in relation to its registration.
Alteration and surrender
55. Alteration of registered trade mark
(1) Except as provided in this section, a registered trade mark shall not be altered in the register.
(2) The Registrar may, at the request of any owner of a registered trade mark which contains or consists of the owner’s name or address, allow the alteration of that name or address but only to the extent that the alteration does not substantially affect the identity of the trade mark.
(3) Provision may be made by the rules—
- (a) as to the effect of any such alteration;
- (b) for the publication in the official journal of particulars of any such alteration; and
- (c) for the making of objections by any person claiming to be affected by it.
56. Surrender of registered trade mark
(1) The registration of a trade mark may be surrendered by the owner in respect of some or all of the goods or services for which the trade mark is registered.
(2) Provision may be made by the rules—
- (a) as to the manner and effect of a surrender; and
- (b) for protecting the interests of other persons having a right in the trade mark.
Rectification, correction and amendment of the register
57. Rectification or correction
(1) Subject to subsection (2), any person having a sufficient interest may apply for the rectification of an error or omission in the register.
(2) An application for rectification may not be made in respect of a matter affecting the validity of the registration of a trade mark.
(3) An application for rectification may be made either to the Registrar or to the court.
