Sri Lanka Consolidated Acts

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Trade Marks Act (No. 30 of 1964) - Sect 43

Power of court to direct amendment of the register or variation of regulations

43.
(1) The court may, on the application in the prescribed manner of any person aggrieved, or on the application of the Registrar, make such order as it may think fit for expunging or varying any entry in the register relating to a certification trade mark, or for varying the deposited regulations, on the ground-
(a) that the proprietor is no longer competent, in the case of any of the goods in respect of which the trade mark is registered, to certify those goods;
(b) that the proprietor has failed to observe a provision of the deposited regulations required to be observed on his part;
(c) that it is no longer to the public advantage that the trade mark should be registered; or
(d) that it is requisite for the public advantage that, if the trade mark remains registered, the regulations should be varied,
(2) The Registrar shall rectify the register and the deposited regulations in such manner as may be requisite for giving effect to an order made under the foregoing subsection.


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