44
of costs by Registrar.
Trade usage, etc., to
be considered.
CAP. 506
Trade Marks
[Rev. 2009
49. In any action or proceeding relating to a trade mark or trade
name, the court or the Registrar shall admit evidence of the usages of
the trade concerned and of any relevant trade mark or trade name or
get-up legitimately used by other persons.
Registrar’s
appearance in
proceedings
involving
rectification.
50. (1) In any legal proceeding in which the relief sought includes
alteration or rectification of the register, the Registrar shall have the right
to appear and be heard, and shall appear if so directed by the court.
Court’s power to
review Registrar’s
decision.
51. The court, in dealing with any question of the rectification of
the register (including all applications under the provisions of section
35), shall have power to review any decision of the Registrar relating
to the entry in question or the correction sought to be made.
Discretion of court in
appeals.
52. In any appeal from a decision of the Registrar to the court
under this Act, the court shall have and exercise the same discretionary
powers as under this Act are conferred upon the Registrar.
Procedure in cases
of option to apply to
court or Registrar.
53. Where under any of the foregoing provisions of this Act an
applicant has an option to make an application either to the court or to
the Registrar –
(2) Unless otherwise directed by the court, the Registrar in lieu
of appearing and being heard may submit to the court a statement in
writing signed by him, giving particulars of the proceedings before him
in relation to the matter in issue or of the grounds of any decision given
by him affecting it or of the practice of the office of the Registrar in
similar cases or of such other matters relevant to the issues, and within
his knowledge as Registrar, as he thinks fit, and the statement shall be
deemed to form part of the evidence in the proceeding.
(a) if an action concerning the trade mark in question is pending,
the application shall be made to the court;
(b) if in any other case the application is made to the Registrar,
he may, at any stage of the proceedings, refer the application
to the court, or he may after hearing the parties determine the
question between them, subject to appeal to the court.
Mode of giving
evidence.
54. (1) In any proceeding under this Act before the Registrar,
the evidence shall be given by statutory declaration in the absence of
directions to the contrary, but, in any case in which the Registrar thinks
it right so to do, he may take evidence viva voce in lieu of or in addition
to evidence by declaration.
(2) Any such statutory declaration may in the case of appeal be