CAP. 43]
[s. 51 cont.]
Certificate of Registrar to be evidence. 5 Edw. 7.
c. 15, s. 51.
Exercise of discretionary power by Registrar. 5 Edw. 7, c. 15, s. 53.
Appeal from Registrar. 5 Edw. 7,
c. 14, s. 54.
Recognition
of agents.
5 Edw. 7,
c. 15, s. 55.
Appeals to the Governor.
Trade Marks.
seal, shall be admitted in evidence in all courts and in all proceedings without further proof or production of the originals.
52. A certificate purporting to be under the hand of the Registrar as to any entry, matter or thing which he is authorized by this Ordinance to make or do, shall be prima facie evidence of the entry having been made, and of the contents thereof, and of the matter or thing having been done or not done.
Powers and duties of Registrar of Trade Marks.
53. Where any discretionary or other power is given to the Registrar by this Ordinance, he shall not exercise that power adversely to the applicant for registration or the registered proprietor of the trade mark in question without (if duly required so to do within the prescribed time) giving such applicant or registered proprietor an opportunity of being heard.
54. Except where expressly given by the provisions of this Ordinance, there shall be no appeal from a decision of the Registrar otherwise than to the Governor, but the court, in dealing with any question of the rectification of the register (including all applications under section 35) shall have power to review any decision of the Registrar relating to the entry in question or the correction sought to be made.
55. When by this Ordinance any act has to be done by or to any person in connexion with a trade mark or proposed trade mark or any procedure relating thereto, such act may, under and in accordance with rules made under this Ordinance, be done by or to an agent of such party duly authorized in the prescribed manner.
Appeals to the Governor.
56. Where under this Ordinance an appeal is made to the Governor, he may refer such appeal to the court in lieu of hearing and deciding it himself, but unless the Governor so refers the appeal it shall be heard and decided by him and his decision shall be final,
[55A
-364-
Page 20
Page 21
CAP. 43]
[s. 51 cont.]
Certificate of Registrar to be evidence. 5 Edw. 7.
c. 15, s. 51.
Exercise of discretionary power by Registrar. 5 Edw. 7, c. 15, s. 53.
Appeal from Registrar. 5 Edw. 7,
c. 14, s. 54.
Recognition
of agents.
5 Edw. 7,
c. 15, s. 55.
Appeals to the Governor.
Trade Marks.
seal, shall be admitted in evidence in all courts and in all proceedings without further proof or production of the originals.
52. A certificate purporting to be under the hand of the Registrar as to any entry, matter or thing which he is authorized by this Ordinance to make or do, shall be prima jacie evidence of the entry having been made, and of the contents thereof, and of the matter or thing having been done or not done.
Powers and duties of Registrar of Trade Marks.
53. Where any discretionary or other power is given to the Registrar by this Ordinance, he shall not exercise that power adversely to the applicant for registration or the registered proprietor of the trade mark in question without (if duly required so to do within the prescribed time) giving such applicant or registered proprietor an opportunity of being heard.
54. Except where expressly given by the provisions of this Ordinance, there shall be no appeal from a decision of the Registrar otherwise than to the Governor, but the court, in dealing with any question of the rectification of the register (including all applications under section 35) shall have power to review any decision of the Registrar relating to the entry in question or the correction sought to be made.
55. When by this Ordinance any act has to be done by or to any person in connexion with a trade mark or proposed trade mark or any procedure relating thereto, such act may, under and in accordance with rules made under this Ordin- ance, be done by or to an agent of such party duly authorized in the prescribed manner.
Appeals to the Governor.
56. Where under this Ordinance an appeal is made to the Governor, he may refer such appeal to the court in lieu of hearing and deciding it himself, but unless the Governor so refers the appeal it shall be heard and decided by him and his decision shall be final,
[55A
-364-
Page 20Page 21
No comments yet.
Private notes are available after approval.