assessor in an advisory capacity in any case where it appears to the Tribunal that such
knowledge is required for the proper determination of the case.
68
Time for appeals
Appeals under this Part, whether from decisions of the Registrar or orders or
decisions of the Tribunal, shall be brought within two months after the date of the
decision or order in question or within such further time as the Tribunal or Supreme
Court to which the appeal is brought may allow upon application by the appellant
concerned.
69
References to Tribunal by Registrar
(1) When any matter to be decided by the Registrar under this Act appears to him to
involve a point of law or to be of unusual importance or complexity, he may, after
giving notice to the parties, refer such matter to the Tribunal for a decision and shall
thereafter, in relation to such matter, act in accordance with the decision of the
Tribunal or any decision substituted therefor on appeal to the Supreme Court.
(2) Where any matter has been referred to the Tribunal in terms of subsection (1), the
Registrar and the parties shall be entitled to be heard by the Tribunal before any
decision is made in such matter and may appear or be represented in accordance with
section sixty-five.
70
Registration to be prima facie evidence of validity
In all legal proceedings relating to a registered trade mark, including applications
under section thirty-seven, the fact that a person is registered as proprietor of the trade
mark shall be prima facie evidence of the validity of the original registration of the
trade mark and of all subsequent assignments and transmissions thereof.
71
Certification of validity
In any legal proceedings in which the validity of the registration of a registered trade
mark comes into question and is decided in favour of the proprietor of the trade mark,
the High Court or Tribunal may certify to that effect and, if it is so certified, then, in
any subsequent legal proceedings in which the validity of the registration 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 legal
practitioner and client, unless in the subsequent proceedings the High Court or
Tribunal certifies that he ought not to have them.
72
Infringement action to be heard in High Court
(1) Any action or legal proceedings relating to the infringement of a trade mark shall
be brought in the High Court on notice of motion.
(2) In any action or legal proceedings brought in terms of subsection (1) the defendant
may, in regard to any registered trade mark in issue, counter-claim for the
rectification of the Register and if he does so—
(a)
he shall, within the time limit for delivery of the counter-claim, serve
the Registrar with the same and a copy of the notice of motion, action or proceedings,
and
(b)
the Registrar shall be entitled to take such part in the action as he may
think fit without delivering a defence or other pleading.
73
Trade usage, etc., to be considered
In any action or proceedings relating to a trade mark the Tribunal or the Registrar, as
the case may be, shall admit evidence of the usages of the trade concerned and of any
relevant trade mark legitimately used by other persons.
74
Registrar’s appearance in proceedings involving rectification
(1) In any legal proceedings in which the relief sought includes alteration or
rectification of the Register, the Registrar—
(a)
shall have the right to appear and be heard; and
(b)
shall appear if so directed by the Tribunal.
(2) Unless otherwise directed by the Tribunal, the Registrar, in lieu of appearing and
being heard, may submit to the Tribunal a statement in writing signed by him, giving
particulars of the proceedings before him in relation to the matter in issue or of the