76
[Subsidiary]
L.N. 146/2003.
CAP. 506
Trade Marks
[Rev. 2009
evidence by way of statutory declaration as he desires to adduce in support of
his application.
(2) The statutory declaration shall be in duplicate.
(3) Upon receipt of the statutory declaration and duplicate the Registrar
shall forthwith send the duplicate to the opponent.
Evidence in reply by
opponent.
L.N. 146/2003.
51. (1) Within thirty days after the receipt of the statutory declaration of
the applicant under rule 50, the opponent may leave with the Registrar evidence,
by way of statutory declaration, confined strictly to matters in reply.
(2) The statutory declaration shall be in duplicate.
(3) Upon receipt of the statutory declaration and duplicate the Registrar
shall forthwith send the duplicate to the applicant.
Further evidence.
52. No further evidence shall be left on either side, but, in any proceedings
before the Registrar, he may at any time give leave to either the applicant or
the opponent to leave any evidence upon such terms as to costs or otherwise
as he may think fit.
Abandonment
of application or
opposition.
L.N. 146/2003.
52A. If the applicant or opponent fails to furnish the required counterstatement or evidence in support within the times prescribed by rules 48 to
50, the application or opposition, as the case may be, shall be deemed to be
abandoned and the Registrar may proceed to make an award of costs.
Exhibits.
53. (1) Where there are exhibits to declarations filed in an opposition,
copies or impressions of such exhibits shall be sent to the other party on his
request and at his expense, or, if such copies or impressions cannot conveniently
be furnished, the originals shall be left with the Registrar in order that they may
be open to inspection.
(2) The original exhibits shall be produced at the hearing unless the
Registrar otherwise directs.
Hearing.
54. (1) Upon completion of the evidence, the Registrar shall give notice
to the parties of a date when he will hear the arguments in the case.
(2) An appointment shall be for a date at least fourteen days after the
date of the notice, unless the parties consent to a shorter notice.
(3) Within seven days from the receipt of the notice any party who intends
to appear shall so notify the Registrar in form TM 8.
(4) A party who receives notice and who does not, within seven days
from the receipt thereof, so notify the Registrar in form TM 8, may be treated
as not desiring to be heard and the Registrar may act accordingly.
Security for costs.
55. (Deleted by L.N.146/2003, s. 24).
56. Where a party giving notice of opposition or an applicant sending