Section 108 in The Trade And Merchandise Marks Act, 1958
108. Procedure for application for rectification before a High Court.
(1)An application for rectification of the register made to a High Court under section 46, sub-section (4) of section 47 or section 56 shall be in such form and shall contain such particulars as may be predated.(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 provisions of this Act and the rules made thereunder, the provisions fl 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 judgement of the High Court or f the Supreme Court, as the case may, be relating to 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 registrar in accordance with such order.
