1986 Ed.]
Trade Marks
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provisions of section 48) shall have power to review any decision of the Registrar relating to the entry in question or the correction sought to be made.
79. (1) Every order of the Court shall be subject to appeal to the Court of Appeal. The appeal shall be commenced within 21 days from the time when the decision appealed against is pronounced or made. (Amended, 92 of 1975, s. 59)
(2) In any appeal from a decision of the Registrar to the Court under this Ordinance, the Court shall have and exercise the same discretionary powers as under this Ordinance are conferred upon the Registrar.
80. Where under any of the provisions of this Ordinance an applicant has an option to make an application either to the Court or to the Registrar-
(a) if an action concerning the trade mark in question is pending, the application must 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.
Appeal to Court of Appeal. Discretion of Court in appeals.
1938 c. 22, s. 52.
Procedure in case of option to apply to Court or Registrar. 1938 c. 22, s. 54.
Costs
81. In all proceedings before the Court under this Ordinance the Court may award to any party such costs as it may consider reasonable and the costs of the Registrar shall be in the discretion of the Court, but the Registrar shall not be ordered to pay the costs of any other of the parties.
82. Save as otherwise provided in this Ordinance, in all proceedings before the Registrar, he shall have power to award to any party such costs as he may consider reasonable, and to direct how and by what parties they are to be paid, and any such order may, by leave of the Court or a judge thereof, be enforced in the same manner as a judgment or order of the Court to the same effect.
EVIDENCE
83. (1) In any proceeding under this Ordinance 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 he shall think it right to do so, he may take evidence viva voce in lieu of or in addition to evidence by declaration. Any such statutory declaration may in the case of appeal be used before the Court in lieu of evidence by affidavit, but if so used shall have all the incidents and consequences of evidence by affidavit.
Costs of proceedings before the Court.
1938 c. 22, s. 48.
Costs of proceedings before the Registrar. 1938 c. 22, s. 44.
Mode of giving evidence.
1938 c. 22, s. 55.
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