Trade Marks Act 1995

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:

cancelling the registration of a trade mark; or

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

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

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

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

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

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;

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.

For prescribed court see section 190.

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