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CS Executive · Economic, Commercial and Intellectual Property Laws · Law relating to Trade Marks

In a rectification case before the High Court concerning the mark 'KaveriTex', the Court's order alters an entry. Under section 97, what must happen to the register?

The Registrar must give effect to the order and, when so directed, amend the entries in or rectify the register according to it. A certified copy of the order is communicated to the Registrar, and the Registrar has no discretion to decline or seek Government approval.

  1. AThe order takes effect only after the proprietor applies afresh to the Registrar
  2. BThe Registrar must give effect to the order and, when directed, amend or rectify the register accordinglyCorrect
  3. CThe Registrar may decide whether to follow the order
  4. DThe Central Government must first approve the amendment

Explanation

Section 97(2) requires a certified copy of the order to be communicated to the Registrar, who shall give effect to it and, when directed, amend the entries or rectify the register in accordance with the order. The Registrar has no discretion to refuse.

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