TRADE MARKS.
No. 40 of 1909.
1859
considering the evidence, decide whether, and subject to what conditions, registration is to be permitted.
(5) The decision of the Registrar shall be subject to appeal to the Court or, with the consent of the parties, to the Governor.
(6) An appeal under this section shall be made in the prescribed manner, and on such appeal the Tribunal shall, if required, hear the parties and the Registrar, and shall make an order determining whether and subject to what conditions, if any, registration is to be permitted.
(7) On the hearing of any such appeal any party may, either in the manner prescribed or by special leave of the Tribunal, bring forward further material for the consideration of the Tribunal.
(8) In proceedings under this section no further grounds of objection to the registration of a trade mark shall be allowed to be taken by the opponent or the Registrar other than those stated by the opponent as herein-above provided, except by leave of the Tribunal hearing the appeal. Where any further grounds of objection are taken the applicant shall be entitled to withdraw his application without payment of the costs of the opponent on giving notice as prescribed.
(9) In any appeal under this section, the Tribunal may, after hearing the Registrar, permit the trade mark proposed to be registered to be modified in any manner not substantially affecting the identity of such trade mark, but in such case the trade mark as so modified shall be advertised in the prescribed manner before being registered.
(10) The Registrar or, in the case of an appeal to the Governor, the Governor, shall have power in proceedings under this section to award to any party costs of such proceedings or any part thereof and to direct how and by what parties and on what scale they are to be paid. Such costs shall be taxed before the Registrar of the Supreme Court and shall be recoverable in the same manner as costs in an action.
(11) If a party giving notice of opposition or of appeal neither resides nor carries on business in the Colony the Registrar or the Tribunal may require such party to give security for costs of the proceedings before it relative to such opposition or appeal and, in default of such security being duly given, may treat the opposition or appeal as abandoned.
TRADE MARKS.
No. 40 of 1909.
1859
considering the evidence, decide whether, and subject to what conditions, registration is to be permitted.
(5) The decision of the Registrar shall be subject to appeal to the Court or, with the consent of the parties, to the Governor.
(6) An appeal under this section shall be made in the prescribed manner, and on such appeal the Tribunal shall, if required, hear the parties and the Registrar, and shall make an order determining whether and subject to what conditions, if any, registration is to be permitted.
(7) On the hearing of any such appeal any party may, either in the manner prescribed or by special leave of the Tribunal, bring forward further material for the consideration of the Tribunal.
(8) In proceedings under this section no further grounds of objection to the registration of a trade mark shall be allowed to be taken by the opponent or the Registrar other than those stated by the opponent as herein-above provided, except by leave of the Tribunal hearing the appeal. Where any further grounds of objection are taken the applicant shall be entitled to withdraw his application without payment of the costs of the opponent on giving notice as prescribed.
(9) In any appeal under this section, the Tribunal may, after hearing the Registrar, permit the trade mark proposed to be registered to be modified in any manner not substantially affecting the identity of such trade mark, but in such case the trade mark as so modified shall be advertised in the prescribed manner before being registered.
(10) The Registrar or, in the case of an appeal to the Governor, the Governor, shall have power in proceedings under this section to award to any party costs of such proceedings or any part thereof and to direct how and by what parties and on what scale they are to be paid. Such costs shall be taxed before the Registrar of the Supreme Court and shall be recoverable in the same manner as costs in an action.
(11) If a party giving notice of opposition or of appeal neither resides nor carries on business in the Colony the Registrar or the Tribunal may require such party to give security for costs of the proceedings before it relative to such opposition or appeal and, in default of such security being duly given, may treat the opposition or appeal as abandoned.
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