Evidence
Mode of giving evidence
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].
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.
Discretionary powers
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.
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.