PART V | Certificate of validity in legal proceedings |
| 54. In any legal proceeding in which the validity of a registered trade mark comes into question and is decided in favour of the proprietor of the 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 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 the subsequent proceeding the court certifies that he ought not to have them. |
| Registrar to have notice of proceeding for rectification |
| 55. 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 it or of the practice of the office in like cases, or of such other matters relevant to the issues, and within his knowledge as Registrar, as he thinks fit, and the statement shall be deemed to form part of the evidence in the proceeding. |
| Costs of proceedings before court |
56.—(1) In all proceedings before the court under this Act, the court may award to any party such costs as it may consider reasonable and 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.| (2) In all proceedings before the Registrar, the Registrar shall have power to award to any party such costs as he may consider reasonable, and to direct how and by what parties they are to be paid, and any such order may, by leave of the court or a judge thereof, be enforced in the same manner as a judgment or order of the court to the same effect. |
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57. In any proceeding under this Act before the Registrar, the evidence shall be given by statutory declaration in the absence of directions to the contrary, but, in any case in which he thinks it right to do so, the Registrar may 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 shall in respect of requiring the attendance of witnesses and taking evidence on oath be in the same position in all respects as a referee appointed by the court under section 21 of the Arbitration Act [Cap. 10]. |
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| Sealed copies to be evidence |
| 58. Printed or written copies or extracts of or from the register, or of or from the register kept in the United Kingdom under the Trade Marks Act 1938 purporting to be certified by the Registrar and sealed with his seal, or purporting to be certified by the Comptroller-General of Patents Designs and Trade Marks and sealed with the seal of the Patent Office, shall be admitted in evidence in all courts and in all proceedings, without further proof or production of the originals. [U.K. 1938 c. 22.] |
| Certificate of Registrar to be evidence |
| 59. A certificate purporting to be under the hand of the Registrar, or of the Comptroller-General of Patents Designs and Trade Marks as to any entry, matter or thing which he is authorised 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. |
| 60. In any appeal from the decision of the Registrar to the court under this Act, the court shall have and exercise the same discretionary powers as under this Act are conferred upon the Registrar. |
| Rectification of register |
61.—(1) Any application for the rectification of the register which, under section 16, 39 or 40, is to be made to the court may, at the option of the applicant, be made in the first instance to the Registrar:| Provided that no such application shall be made otherwise than to the court where an action concerning the trade mark in question is pending. |
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| Registrar may refer application to court or determine question |
| (2) The Registrar may, at any stage of the proceedings, refer any such application to the court or he may, after hearing the parties, determine the question between them, subject to appeal to the court. |
| Removal of trade marks from Part A to Part B |
| (3) In any proceedings for rectification of the register under this Act, the court or the Registrar shall, in addition to the other powers conferred by this Act, have power to direct a trade mark entered in Part A of the register to be removed to Part B of the register. |
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