A 38
CAP. 43]
Trade Marks Rules
[1989 Ed.
[Subsidiary]
(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 3 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 Registrar shall be entitled to take such part in the action as he may think fit without delivering a defence or other pleading.
(6) The times specified in subrules (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. Application to be served on the Registrar
Every application to the Court under the Ordinance whether by way of appeal or otherwise shall be served on the Registrar.
ORDERS OF THE COURT
111. Copy of Order of Court to be left at the Registry
Where an order has been made by the Court in any case under the Ordinance, the person in whose favour such order has been made, or such one of them, if more than one, as the Registrar may direct, shall forthwith leave with the Registrar an office copy of such order, together with Form TM-No. 53 if required. The register may, if necessary, thereupon be rectified or altered by the Registrar.
(L.N. 256 of 1987)
112. Publication of order of Court
Whenever an order is made by the Court under the Ordinance the Registrar may, if he thinks that the order should 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.
A 38
CAP. 43]
Trade Marks Rules
[1989 Ed.
[Subsidiary]
(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 3 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 Registrar shall be entitled to take such part in the action as he may think fit without delivering a defence or other pleading.
(6) The times specified in subrules (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. Application to be served on the Registrar
Every application to the Court under the Ordinance whether by way of appeal or otherwise shall be served on the Registrar.
ORDERS OF THE COURT
111. Copy of Order of Court to be left at the Registry
Where an order has been made by the Court in any case under the Ordinance, the person in whose favour such order has been made, or such one of them, if more than one, as the Registrar may direct, shall forthwith leave with the Registrar an office copy of such order, together with Form TM-No. 53 if required. The register may, if necessary, thereupon be rectified or altered by the Registrar.
(L.N. 256 of 1987)
112. Publication of order of Court
Whenever an order is made by the Court under the Ordinance the Registrar may, if he thinks that the order should 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.
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