Grounds And Procedure of Rectification of Trade Mark Register

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Grounds and procedure of Rectification of trade mark register, Part 1

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S j tubrazy

The Trade Marks Act, 1940 of Pakistan is patterned on the U. K. Trade Marks Act, 1938 and its provisions bear considerable similarity to its provisions. Section 46 of the Trade Marks Act of 1940 deals with the matter of rectification. This section seemingly corresponds to sections 32 and 33 of the U. K. Act of 1938 but in fact is wider to it in its amplitude. Under section 46 of the Pakistan Act a High Court or the Registrar may, on its or his own motion, after giving notice and hearing the parties concerned make any order for rectification of the Register for sufficient cause. In the United Kingdom on the other hand, the Registrar cannot in any case make an order for rectification on his own motion but has to apply to the Court for rectification in every case even where the registered proprietor is guilty of fraud or of breach of any of the conditions of registration.

As for the grounds on which rectification may be ordered these have not been set forth at one place on the Trade Marks Act of 1940 but are contained in various sections of the Pakistan Act. However, most of them are provided for in section 46 of the Act. These are as follows:‑

(1) “Contravention of or failure to observe a condition entered on the register in relation” to the trade mark.

(2) “absence or omission from the register of any entry” by which the applicant is aggrieved.

(3) “any entry made in the register without sufficient cause”, and constituting the grievance of the applicant.

(4) “any entry wrongly remaining on the register”.

(5) “any error or defect in any entry in the register”.

The Registrar has powers to correct the Register under section 47 of the Act also, on the application of the registered proprietor, or enter any changes in the details. Also, section 42 of the Act provides that without prejudice to the provisions of section 46, the registration of a person as a registered user may be varied as regards the goods, conditions or limitations of registration, or cancelled by the Registrar on application made by the registered proprietor, or any registered user, or by any person on certain specified grounds.

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