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Section 108 – The Trade and Merchandise Marks Act,1958

The Trade and Merchandise Marks Act,1958

Section 108. Procedure for application for rectification before a high court

(1) An application for rectification of the register made to a High Court under Sec. 46, sub-section (4) of Sec. 47 or Sec. 56 shall be in such from and shall contain such particulars as may be prescribed.

(2) Every such application shall be heard by a single Judge of the High Court:

Provided that any such Judge may, if he thinks fit, refer the application at any stage of the proceedings for decision to a Bench of that High Court.

(3) Where any such application is heard by a single Judge of the High Court, an appeal shall lie from the order made by him on application to a Bench of the High Court.

(4) Subject to the provision of this Act and the rules made thereunder, the provisions of the Code of Civil Procedure,1908 (5 of 1908), shall apply to applications to a High Court under this section.

(5) A certified copy of every order or judgment of the High Court or of the Supreme Court, as the case may be, relating to a registered trade mark under this section shall be communicated to the Registrar by that Court and the Registrar shall give effect to the order of the Court and shall, when so directed, amend the entries in, or rectify, the register in accordance with such order.

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The Trade and Merchandise Marks Act,1958

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