Section 96: Rectification or correction of Register

96. Rectification or correction of Register.___(1) Any person having a sufficient interest may apply for the rectification of an error or omission in the Register: Provided that an application for rectification may not be made in respect of a matter affecting the validity of the registration of a trade mark. (2) An application for rectification may be made to the Registrar, except that___ (a) if proceedings concerning the trade mark in question are pending in the High Court or 1[an IP Tribunal], the application shall be made to the High Court or 1[an IP Tribunal]; and (b) in case the application is made to the Registrar, he may at any stage of the proceedings refer the application to the High Court or 1[an IP Tribunal]. (3) Except where the Registrar or the High Court or 1[an IP Tribunal] directs otherwise, the effect of rectification of the Register shall be that the error or omission in question shall be deemed never to have been made. (4) The Registrar may, on application made in such manner, as may be prescribed, by the proprietor of the registered trade mark, or a licensee, enter any change in his name or address as recorded in the Register.

Effective date: 2001-01-01

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