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TRADE MARKS ACT 1995 - SECT 88 Amendment or cancellation--other specified grounds

TRADE MARKS ACT 1995 - SECT 88

Amendment or cancellation--other specified grounds

  (1)   Subject to subsection   (2) and section   89, a prescribed court may, on the application of an aggrieved person or the Registrar, order that the Register be rectified by:

  (a)   cancelling the registration of a trade mark; or

  (b)   removing or amending an entry wrongly made or remaining on the Register; or

  (c)   entering any condition or limitation affecting the registration of a trade mark that ought to be entered.

  (2)   An application may be made on any of the following grounds, and on no other grounds:

  (a)   any of the grounds on which the registration of the trade mark could have been opposed under this Act;

  (b)   an amendment of the application for the registration of the trade mark was obtained as a result of fraud, false suggestion or misrepresentation;

  (c)   because of the circumstances applying at the time when the application for rectification is filed, the use of the trade mark is likely to deceive or cause confusion;

  (e)   if the application is in respect of an entry in the Register--the entry was made, or has been previously amended, as a result of fraud, false suggestion or misrepresentation.

Note 1:   For prescribed court see section   190.

Note 2:   For file , registered owner and this Act see section   6.