Trade Marks.
[CAP. 43
have notice
for rectifica-
tion.
5 Edw. 7,
c. 15, s. 47.
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.
Costs.
proceedings
before court.
c. 15, s. 48.
5 Edw. 7,
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.
Evidence.
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 Registrar or the Governor may (with the consent of the parties) 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.
In case any part of the evidence is taken viva voce, the Registrar or the Governor shall in respect of requiring the attendance of witnesses and taking evidence on oath be in the same position in all respects as a special referee of the Supreme Court.
51. Printed or written copies or extracts of or from the register, purporting to be certified by the Registrar under his
Mode of evidence.
giving
5 Edw. 7.
c. 15, s. 49.
Sealed copies evidence.
to be
5 Edw. 7.
c. 15, s. 50.
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Page 363
Page 363
Page 363
Trade Marks.
[CAP. 43
have notice
for rectifica-
tion.
5 Edw. 7,
c. 15, s. 47.
48. In any legal proceeding in which the relief sought Registrar to includes alteration or rectification of the register, the of proceeding 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 know- ledge as such Registrar, as he shall think fit, and such statement shall be deemed to form part of the evidence in the proceeding.
Costs.
proceedings
before court. c. 15, s. 48.
5 Edw. 7,
49. In all proceedings before the court under this costs of Ordinance, the costs of the Registrar shall be in the dis- cretion of the court, but the Registrar shall not be ordered to pay the costs of any other of the parties.
Evidence.
50. In any proceedings under this Ordinance before the Registrar or the Governor, the evidence shail 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 Registrar or the Governor may (with the consent of the parties) take evidence viva voce in lieu of or in addition to evidence by declaration. Any such statu- tory 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.
In case any part of the evidence is taken viva voce, the Registrar or the Governor shall in respect of requiring the attendance of witnesses and taking evidence on oath be in the same position in all respects as a special referee of the Supreme Court.
51. Printed or written copies or extracts of or from the register, purporting to be certified by the Registrar under his
Mode of evidence.
giving
5 Edw. 7. c. 15, s. 49.
Sealed copies evidence.
to be
5 Edw. 7.
c. 15, s. 50.
- 363
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