Repealed or not in force · As amended up to 2026-08
(2) The Registrar may cause an application under this section to be advertised in the prescribed manner 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) Where leave is granted under this section, the trade mark as altered shall be advertised in the prescribed manner, unless the application has already been advertised under sub-section (2).
(5) Any order of the Court rectifying the register shall direct that notice of the rectification shall be served upon the Registrar in the prescribed manner who shall upon receipt of such notice rectify the register accordingly.
47. (1) The Registrar may, on application made in `&IT` ctlon of tsglsLr. the prescribed manner by the registered proprietor,-
- (a) correct any error in the name, address or description of the registered proprietor of a trade mark ;
- (b) enter any change in the name, address or description 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 ;
- (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 application made in the prescribed manner by a registered user of a trade mark, correct any error, or enter any change, in the name, address or description of the registered user.
48. (1) The
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(4) A High Court or the Registrar, of its or his own motion, may, after giving notice in the prescribed manner to the parties concerned and after giving them an opportunity of being heard, make any order referred to in subsection (1) or sub-section (2).
CHAPTER VII.
AND CORRECTION OF
OF THE REGISTER.
RECTIFICATION
%wer `to` 46. (1) On application in the prescribed manner -cancel or v a q regiatra. by any person aggrieved to a High Court or to the Registrar, the tribunal may m'ake such order as it may qegister. think fit for cancelling or varying the registration of a trade mark on the ground of any contravention of, or failure to observe a condition entered on the register in relation thereto.
%wer `to` -cancel or v a q qegister.
(2) Any person aggrieved by the absence or omission from the register of any entry, or by any entry made in the register wibhout sufficient cause, or by any entry wrongly remaining on the register, or by any error or defect in any entry in the register, may apply in the
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Trade Marlcs
the prescribed manner to a High Court or to the Registrar, and the tribunal may make such order for making, expunging or varying the entry as it may think fit.
(3) The tribunal may in any proceeding under this section decide any question that it may be necessary or expedient to decide in connection with Ibe rectification of the register.
4648. (1) 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 Registrq may refuse leave ormay grant it on such terms and subject to such limitations as he may think fit.
Source: India Code