Section 59 in The Trade And Merchandise Marks Act, 1958
59. Adaptation of entries in register to amended or substituted classification of goods.
(1)The Registrar shall not, in exercise of any power conferred on him by rules made with reference to clause (a) of sub-section (2) of section 133, make any amendment of the registrar which would have the effect of adding any goods or classes of goods to those in respect of which a trade mark k in registered (whether in one or more classes) immediately before the amendment is to be made or of antedating the registration of a trade mark in respect of any goods:Provided that this sub-section shall to apply when the Registrar is ratified that compliance therewith would involve undue complexity and that the addition or antedating, as the case may be, would not affect any substantial quantity of goods and would not substantially prejudice the rights of any person.(2)A proposal so to amend the register shall be notified to the registered proprietor of the trade mark affected and advertised in the prescribed manner, and may be opposed before the Registrar by any person aggrieved on the ground that the proposed amendment contravention's the provisions of sub-section (1).
