notice made or given in a form which has been prescribed for the purpose, but does
not include any document accompanying or annexed to such form.
55
Power of Registrar to award costs
(1) Subject to subsection (2) of section forty-nine, in all proceedings before the
Registrar under this Act, 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.
(2) Any costs awarded by the Registrar shall be taxed by a taxing officer of the
Tribunal and payment thereof may be enforced in the same manner as if they were
costs allowed by the Tribunal.
(3) An appeal shall lie from any decision of the Registrar under this section.
56
Proceedings before Registrar
(1) Evidence in any proceedings before the Registrar under this Act shall be given by
affidavit:
Provided that the Registrar may, if he thinks fit in any particular case, take oral
evidence on oath in lieu of or in addition to such evidence.
(2) The Registrar may, in any proceedings before him under this Act, allow any
witness to be cross-examined on his affidavit or oral evidence.
(3) The Registrar may, in any proceedings before him under this Act, decide the
hours, times and places at which he will sit and he may adjourn such proceedings for
such time and to such place as he may think fit.
(4) For the purposes of any proceedings before him under this Act, the Registrar shall
have the same powers, rights and privileges as are conferred upon a commissioner by
the Commissions of Inquiry Act [Chapter 10:07], other than the power to order a
person to be detained in custody, and sections 9 to 13 and 15 to 19 of that Act shall
apply, mutatis mutandis, in relation to the hearing and determination of any matter
before the Registrar under this Act and to any person summoned to give evidence or
giving evidence before him.
57
Advertisements to be approved by Registrar
(1) Subject to subsection (2), no advertisement or notice shall be published by any
person under this Act unless it is in the prescribed form or the Registrar has approved
the contents of such advertisement or notice and an advertisement or notice which has
not been so approved shall not have any force or effect for the purposes of this Act.
(2) Subsection (1) shall not apply to an advertisement or notice published by or under
the authority of the President or the Minister.
PART X
TRADE MARK AGENTS
58
Trade mark agents and their functions
(1) Subject to this Act, a trade mark agent may act as agent on behalf of any person in
connection with any matter or proceeding before the Registrar under this Act and may
draw and sign all documents and make all communications between an applicant and
the Trade Marks Office and may represent an applicant at all attendances before the
Registrar.
(2) A trade mark agent shall not be guilty of an offence under any enactment
prohibiting the preparation for reward of certain documents by persons not legally
qualified by reason only of the preparation or signature by him of any document
relating to trade marks for use in the Trade Marks Office or required in any
proceedings under this Act before the Registrar or the Tribunal.
59
Qualifications and registration of trade mark agents
(1) The Registrar shall—
(a)
keep a Register of Trade Mark Agents in which the name of every
person, immediately upon his being accepted for registration, shall be registered,
showing against his name such particulars as the Registrar shall from time to time
deem necessary; and
(b)
enter in such Register of Trade Mark Agents all changes relating to