1870

No. 40 of 1909.

Exercise of power by Registrar.

TRADE MARKS.

entry having been made, and of the contents thereof, and of the matter or thing having been done or not done.

Powers and Duties of Registrar of Trade Marks.

53. Where any discretionary or other power is given to the Registrar by this Ordinance he shall not exercise that power adversely to the applicant for registration or the registered proprietor of the trade mark in question without (if duly required so to do within the prescribed time) giving such applicant or registered proprietor an opportunity of being heard.

5 Edw. 7

ib. s. 53.

*

Appeal from Registrar.

ib. s. 54.

+

Recognition of agents. ib. s. 55.

Appeals to the Governor

54. Except where expressly given by the provisions of this Ordinance there shall be no appeal from a decision of the Registrar otherwise than to the Governor, but the Court, in dealing with any question of the rectification of the register (including all applications under 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.

55. When by this Ordinance any act has to be done by or to any person in connection with a trade mark or proposed trade mark or any procedure relating thereto, such act may, under and in accordance with rules made under this Ordinance, be done by or to an agent of such party duly authorised in the prescribed manner.

Appeals to the Governor.

55a. Where under this Ordinance an appeal is made to the Governor he may refer such appeal to the Court in lieu of hearing and deciding it himself, but unless the Governor so refers the appeal it shall be heard and decided by him and his decision shall be final.

Rules.

Power of Governor-in-Council to make rules. ib. s. 60.

56. Subject to the provisions of this Ordinance the Governor-in-Council may make such rules, prescribe such forms, and generally do such things as he thinks expedient,

(a) for regulating the practice under this Ordinance:

* As amended by No. 12 of 1912.

† As amended by No. 12 of 1912 and No. 43 of 1912 Supp. Sched.

§ As amended by No. 21 of 1911 and No. 13 of 1912.

‡ As amended by No. 50 of 1911 and No. 12 of 1912.

Share This Page