Sri Lanka Consolidated Acts

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Trade Marks Act (No. 30 of 1964) - Sect 32

General power to rectify entries in register

32.
(1) 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 wrongly remaining on the register, or by any error or defect in any entry in the register, may apply in the prescribed manner to the court or, at the option of the applicant and subject to the provisions of section 61, to the Registrar, and the court or the Registrar, as the case may be, may make such order for making, expunging or varying the entry as may seem just.
(2) The court or the Registrar 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.
(3) In case of fraud in the registration, assignment or transmission of a registered trade mark, the Registrar may himself apply to the court under the provisions of this section.
(4) Any order of the court rectifying the register shall direct that notice of the rectification shall be served in the prescribed manner on the Registrar, and the Registrar shall on receipt of the notice rectify the register accordingly.
(5) The power to rectify the register conferred by this section shall include power to remove a registration in Part A of the register to Part B thereof.


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