Cap 559 s 46 Amendment of application (TRADE MARKS ORDINANCE)

Contents of Section

Chapter:	559	Title:	TRADE MARKS ORDINANCE	Gazette Number:	L.N. 31 of 2003
Section:	46	Heading:	Amendment of application	Version Date:	04/04/2003

(1) At the request of the applicant, the Registrar may amend an application for registration of a trade mark as provided in this section.
(2) An application for registration of a trade mark may be amended for the purpose of adding a representation of a registered trade mark to the representation of the trade mark in question but only if all of the following conditions are met-

(a) at the time the request for amendment is made, the registered trade mark is registered in the name of the applicant;

(b) the goods or services for which the registered trade mark is registered are identical or similar to the goods or services covered by the application; and

(c) the date of registration of the registered trade mark is earlier than the date of application for registration of the trade mark in question.

(3) An application for registration of a trade mark may be amended-

(a) for the purpose of restricting the goods or services covered by the application; or

(b) for such other purposes as may be prescribed.

(4) An application for registration of a trade mark may be amended in other respects but only for the purpose of correcting-

(a) the name or address of the applicant;

(b) errors of wording or of copying; or

and then only where the correction does not substantially affect the identity of the trade mark or extend the goods or services covered by the application.
(5) Provision shall be made by the rules for-

(a) the publication of particulars of any amendment which affects the representation of the trade mark, or the goods or services covered by the application; and

(b) the making of objections by any person claiming to be affected by the amendment.