ss 37–41 (3) Where the Registrar is of the opinion that there may have been any fraud in the registration, assignment or transmission of a registered trade mark, he may himself apply to the Tribunal under this section. (4) Any order of the Tribunal rectifying the Register shall direct that notice of the rectification shall be served in the prescribed manner on the Registrar, and the Registrar shall, on receipt of the notice, rectify the Register accordingly. (5) The power to rectify the Register conferred by this section shall include power to alter a registration in Part A of the Register to a registration in Part B of the Register. 38 Power to expunge or vary registration for breach of condition or registration of distinguishing guise (1) On application by— (a) any person aggrieved to the Tribunal or, at the option of the applicant and subject to section seventy-seven, to the Registrar; or (b) the Registrar to the Tribunal; the Tribunal or the Registrar may make such order as the Tribunal or the Registrar may think fit for expunging or varying the registration of a trade mark on the ground of any contravention of or failure to observe a condition entered on the Register in relation thereto. (2) On application by any person aggrieved to the Tribunal or, at the option of the applicant and subject to section seventy-seven, to the Registrar, the Tribunal or the Registrar may make such order as the Tribunal or the Registrar may think fit for expunging or varying the registration of a distinguishing guise on the ground that the registration of that distinguishing guise has become likely to limit unreasonably the development of any art or industry. TRADE MARKS ACT (b) enter the name and address of any person appointed for the purposes of his address for service and cancel any previous appointment. (4) The Registrar, after giving such notice, if any, as he considers to be necessary, may correct any error in an entry in the Register which has been made by an officer in the Trade Marks Office. 39 Correction of Register (1) On request made in the prescribed manner by the registered proprietor, the Registrar may— (a) correct any error in the name, address or description of the registered proprietor of a trade mark; or (b) enter any change in the name, address or description of the person who is registered as proprietor of a trade mark; or (c) cancel the entry of a trade mark on the Register; or (d) strike out any goods or services from those in respect of which a trade mark is registered; or (e) enter a disclaimer or memorandum relating to a trade mark which does not in any way extend the rights given by the existing registration of the trade mark. (2) On request made in the prescribed manner by the registered user of a trade mark, the Registrar may correct any error or enter any change in the name, address or description of the registered user. (3) On request made in the prescribed manner by the registered proprietor or the registered user, as the case may be, the Registrar may— (a) correct any error or enter any change in the name or address of the person appointed for the purposes of his address for service; or [Chapter 26:04] 104