2. Rectification

Section 76 of the Act provides for the rectification of errors or omissions in the register. The requirements for rectification read as follows:

1. A person who has an interest may apply for the rectification of an error or omission in the register.
2. An application for rectification of the register may be made either to the Commissioner or to the Court.
3. An application for rectification of the register may not be made in respect of a matter that affects the validity of the registration of a trade mark.
4. The effect of the rectification of the register is that the error or omission concerned is to be treated as if it had never existed unless the Commissioner or the Court directs otherwise.

The wording of section 76 of the Act is identical or substantially similar to that used in section 64 of the United Kingdom Trade Marks Act 1994 (the UK Act). There are references in these guidelines to UK cases and decisions of the Appointed Person that have considered questions arising from wording that is the same as, or similar to, that used in our Act. Cases decided under the Trade Marks Act 1953 (the 1953 Act) are also referred to where appropriate.