38
CAP. 43]
Hearing before exercise of discretionary power of Registrar.
1938 c. 22, s. 43.
Certificate of validity.
1938 c. 22, s. 47.
Trade usage, etc., to be considered.
1938 c, 22, s. 49.
Registrar's appearance in proceedings involving rectification. 1938 c. 22, s. 50.
Appeal from Registrar.
1938 c. 22, s. 51.
Trade Marks
[1986 Ed.
(3) If on an application for the registration of a trade mark as to which the Registrar has given advice as aforesaid in the affirmative, made within 3 months after the advice is given, the Registrar, after further investigation or consideration, gives notice to the applicant of objection on the ground that the trade mark is not adapted to distinguish, or capable of distinguishing, as the case may be, the applicant's goods, the applicant shall be entitled, on giving notice of withdrawal of the application within the prescribed period, to have repaid to him any fee paid for the filing of the application.
74. Where any discretionary or other power is given to the Registrar by this Ordinance or by the rules, 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 to the applicant or registered proprietor an opportunity of being heard.
LEGAL PROCEEDINGS AND APPEALS
75. In any legal proceeding in which the validity of the registration of a registered trade mark comes into question and is decided in favour of the proprietor of the trade mark, the Court may certify to that effect, and if it so certifies then in any subsequent legal proceeding in which the validity of the registration comes into question the proprietor of the trade mark on obtaining a final order or judgment in his favour shall have his full costs, charges and expenses as between solicitor and client, unless in the subsequent proceeding the Court certifies that he ought not to have them.
76. In any action or proceeding relating to a trade mark or trade name the tribunal 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.
77. (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.
(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 his office in like 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.
78. Except when expressly given by the provisions of this Ordinance or the rules there shall be no appeal from a decision of the Registrar, but the Court in dealing with any question of the rectification of the register (including all applications under the