TRADE MARKS.
No. 40 of 1909.
1155
use by any person of any bonâ fide description of the character or quality of his goods.
5 Edw. 7, c. 15, s. 44.
46. Nothing in this Ordinance contained shall be deemed to affect rights of action against any person for passing off goods as those of another person or the remedies in respect thereof.
"Passing off" action. 5 Edw. 7, c. 15, s. 45.
Legal proceedings.
47. 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 such trade mark, the court may certify the same, and if it so certifies, then in any subsequent legal proceeding in which such validity comes into question the proprietor of the said 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 such subsequent proceeding the court certifies that he ought not to have the same.
Certificate of validity. 5 Edw. 7, c. 15, s. 46.
48. 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. 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 the same or of the practice of the office in like cases, or of such other matters relevant to the issues, and within his knowledge as such Registrar, as he shall think fit, and such statement shall be deemed to form part of the evidence in the proceeding.
Registrar to proceed. have notice for rectification. 5 Edw. 7, c. 15, s. 47.
49. In all proceedings before the court under this Ordinance, 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.
Costs. 5 Edw. 7, c. 15, s. 48.
50. In any proceedings under this Ordinance before the Registrar or the Governor, 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 so to do, the
Evidence. Mode of evidence. 5 Edw. 7, c. 15, s. 49.
TRADE MARKS.
No. 40 of 1909.
1155
use by any person of any bonâ fide description of the character of goods. or quality of his goods.
5 Edw. 7, c. 15, s. 44.
46. Nothing in this Ordinance contained shall be deemed to "Passing affect rights of action against any person for passing off goods as those of another person or the remedies in respect thereof.
off" action. 5 Edw. 7, c. 15, s. 45.
Legal proceedings.
5 Edw. 7,
47. In any legal proceeding in which the validity of the Certificate registration of a registered trade mark comes into question and of validity. is decided in favour of the proprietor of such trade mark, the c. 15, s. 46. court may certify the same, and if it so certifies, then in any subsequent legal proceeding in which such validity comes into question the proprietor of the said 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 such subsequent proceeding the court certifies that he ought not to have the same.
Registrar to
proceed.
have notice
5 Edw. 7,
48. 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 ing for if so directed by the court. Unless otherwise directed by the rectification. court, the Registrar in lieu of appearing and being heard may c. 15, s. 47. 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 the same or of the practice of the office in like cases, or of such other matters relevant to the issues, and within his knowledge as such Registrar, as he shall think fit, and such statement shall be deemed to form part of the evidence in the proceeding.
Costs.
49. In all proceedings before the court under this Ordinance, Costs of the costs of the Registrar shall be in the discretion of the court, proceedings but the Registrar shall not be ordered to pay the costs of any 5 Edw. 7, other of the parties.
Evidence.
c. 15, s. 48.
evidence.
50. In any proceedings under this Ordinance before the Mode of Registrar or the Governor, the evidence shall be given by giving statutory declaration in the absence of directions to the contrary, 5 Edw. 7, but in any case in which he shall think it right so to do, the c. 15, s. 49.
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