Trade Marks Act 1998 · 2020 Revised Edition · Part 9 · Administrative and Other Supplementary Provisions
67. Rectification of register
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Any person having a sufficient interest may apply for the rectification of an error or omission in the register.
register
“register” means the register of trade marks maintained by the Registrar under section 66;
An application for rectification may not be made in respect of a matter affecting the validity of the registration of a trade mark.
trade mark
“trade mark” means any sign capable of being represented graphically and which is capable of distinguishing goods or services dealt with or provided in the course of trade by a person from goods or services so dealt with or provided by any other person;
An application for rectification may be made either to the Registrar or to the Court, except that —
Registrar
“Registrar” means the Registrar of Trade Marks mentioned in section 62 and includes any Deputy Registrar of Trade Marks mentioned in that section;
if proceedings concerning the trade mark in question are pending in the Court, the application must be made to the Court; and
if in any other case the application is made to the Registrar, the Registrar may at any stage of the proceedings refer the application to the Court.
An application to the Registrar for rectification is subject to the rules mentioned in section 108(2)(ea).
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.
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 the proprietor’s or licensee’s name or address as recorded in the register.
proprietor
“proprietor” means —(a)in relation to a registered trade mark — the person in whose name the trade mark is registered; or(b)in relation to an unregistered trade mark that is a well known trade mark — the person to whom the trade mark belongs;
The Registrar may remove from the register matter appearing to the Registrar to have ceased to have effect.