Rectification of register
39.—(1)  Subject to the provisions of this Act —
(a)the court may on the application in the prescribed manner of any person aggrieved by the non-insertion in or omission from the register of any entry, or by any entry made in the register without sufficient cause, or by any entry wrongfully remaining on the register, or by any error or defect in any entry in the register, make such order for making, expunging or varying the entry as it thinks fit;
(b)the court may in any proceeding under this section decide any question that it may be necessary or expedient to decide in connection with the rectification of the register;
(c)in case of fraud in the registration, assignment or transmission of a registered trade mark the Registrar may himself apply to the court under this section;
(d)any order of the court rectifying the register shall direct that notice of the rectification be served on the Registrar in the prescribed manner, and the Registrar shall, upon receipt of the notice, rectify the register accordingly.
(2)  The power to rectify the register conferred by this section includes power to remove a registration in Part A of the register to Part B of the register.
(3)  On application by any person aggrieved to the court, or, at the option of the applicant and subject to section 61, to the Registrar, or on application by the Registrar to the court, the court or the Registrar, as the case may be, may make such order as the court or the Registrar thinks fit for expunging 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.
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