Rectification of register
61.—(1)  Any application for the rectification of the register which, under section 16, 39 or 40, is to be made to the court may, at the option of the applicant, be made in the first instance to the Registrar:
     Provided that no such application shall be made otherwise than to the court where an action concerning the trade mark in question is pending.
Registrar may refer application to court or determine question
(2)  The Registrar may, at any stage of the proceedings, refer any such application to the court or he may, after hearing the parties, determine the question between them, subject to appeal to the court.
Removal of trade marks from Part A to Part B
(3)  In any proceedings for rectification of the register under this Act, the court or the Registrar shall, in addition to the other powers conferred by this Act, have power to direct a trade mark entered in Part A of the register to be removed to Part B of the register.