Section 43
Correction of Register
(a)
correct an error or enter any change in the name, address or description of the registered proprietor;
(b)
correct the details of description of the goods or services in respect of which the trademark is registered without extending in any way the rights given by the existing registration of trademark; or
(c)
enter a disclaimer relating to the trademark without extending in any way the rights given by the existing registration of trademark.
(2)
The Registrar may, at the request of a licensee of a trademark in the form as determined by the Registrar together with the payment of the prescribed fee, correct an error or enter any change in the name, address or description of that licensee.
(3)
The Registrar may make any correction in the Register
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consequential to subsections (1) and (2) and may, at his discretion, correct any clerical error or omission in respect of any registration of trademark in the Register.
(4)
A notification of registration shall be issued by the
Registrar on the approval of the corrections as requested under subsections (1) and (2), and the making, if any, of corrections under subsection (3).
(5)
Notwithstanding subsections (1) to (4), subject to prescribed procedures relating to an application for correction, any person having sufficient interest may apply to the Court for the correction of any error or omission in the Register.
(6)
Any application for correction under subsection (5) shall not be made in respect of a matter affecting the validity of the registration of a trademark.
(7)
Except where the Court directs otherwise, where a correction is made in the Register, the error or omission relating to the correction shall be deemed never to have been made.