Search to ascertain
whether
trade wark
resembling submitted mark
is on
record,
Applica-
tion or appeal to Court. Right of defendant in action for in- fringement.
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Search.
108. (0) Any person may request the Registrar, on franked Form TM-No, a to cause a search to be made in respect of specified goods classified in any one class of Schedule IV to ascertain whether any trade mark is on record at the date of the search which resembles a trade mark of which duplicate representations accompany the Form. The Registrar shall cause such a search to be made and the person making the request to be informed of the result thereof.
(2) Any person may, on presentation of a franked Formi TM-No. 5a, inspect or make a search in the register.
Applications and Appeals to the Court.
109, (1) When any person intends to apply to the Court such application shall be made to the Court by notice of motion.
(2) When any person intends to appeal to the Court such appeal shall be made by notice of motion within three months from the date of the decision appealed against.
(3) When the Registrar decides to refer an application to the Court, the applicant shall apply to the Court within three months from the date of the decision so to refer, and unless he so applies he shall be deemed to have abandoned the application.
(4) Where under subsection (6) of section 13 or subsection (8) of section 15 an applicant becomes entitled and intends to withdraw his application, he shall give notice of the intention in writing to the Registrar and to the other parties, if any, to the appeal within three months after the leave referred to in those subsections has been obtained.
(5) A defendant in an action for infringement may, in regard to any registered trade mark in issue, counterclaim for the rectification of the register and shall within the time limited for the delivery of the counterclaim serve the Registrar with the same, and the Registror shall be entitled to take such part in the action as he may think fit without delivering a defence or other pleading.
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(6) The times specified in paragraphs (2) and (3) may be extended by the Court or Registrar upon the application of any party interested and notwithstanding that the time so specified has expired.
(7) The Court appealed to may, on the application of either party or of its own motion, remove any application or appeal from Court to Chambers or vice versa, and may give such directions as to the scale upon which costs may be taxed as to the Court may seem proper.
110. Every application to the Court under the Ordinance Applica- whether by way of appeal or otherwise shall be served on the served Registrar.
Orders of the Court.
tion to be
on the
Registrar.
the
111. Where an order has been made by the Court in any case Copy of
Order of under the Ordinance, the person in whose favour such order Court to has been made, or such one of them, if more than one, as the be left at Registrar may direct, shall forthwith leave at the Registry an Registry. office copy of such order, together with a franked Form TM-No. 53 if required. The register may, if necessary, thereupon be rectified or altered by the Registrar.
of Order
112. Whenever an order is made by the Court under the Publication Ordinance the Registrar may, if he thinks that the order should of Court. be made public, cause it to be published in the Gazette by and at the expense of the person in whose favour the order has been made, or such one of them, if more than one, as the Registrar may direct.
Days and Hours of Business.
hours.
113. The Registry shall be open to the public and the register Days and shall be open to inspection, on application made on franked Form TM-No. 52, every week-day, except Saturday, between the hours of 9.30 a.m. and 4 p.m., and on Saturdays between the hours of 9.30 a.m. and 12 noon.