IP/N/l/GHAITn
Page 32
40. The Registrar may ~ in any case of doubt or difficulty in the
=~~~wt administration of this Act, apply to the Attorney-General for
General,
directions in the matter..
Registrar
Hearing
before
exercise of
Registrar'a
discretion.
41. Where any discretionary or other power is given to the Registrar
by this Act or by regulations made under section 65 of this Act
he shall not exercise that power adversely to the applicant for
registration or the registered proprietor of the trade mark in question
without (if duly required so- to do within the prescribed time) giving
to the applicant or registered proprietor an opportunity of being
heard"
Power of
Registrar to
award costs.
Registration
to be
prima facie
evidence of
validity..
42. In all proceedings before the Registrar under this Act, the
Registrar may 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, be enforced
in the same manner as a judgment or order of the Court to the same
effect.
43$ In all legal proceedings relating to a registered trade mark
(including applications under section 32 of this Act) 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..
44e 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 Court may certify
to that effect, and if it so certifies 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 solicitor and client, unless in the subsequent proceeding
the Court certifies that he ought not to have them.
-45. In any proceedings before the Court under this Act the Registrar shall be neither awarded costs nor ordered to pay the costs of
any oth er party,
Certificate ot
validity,
Cos~s of the
cReglstrar ill
curt pro..
ceedings.
46. In any action or proceedingrelating to a trade mark or trade Trade usage
name, the Court or the Registrar (as the case may be) shan admit an~toth~r b
evidence of the usages of the trade concerned and of any relevant ~~siJ~r~dv e
trade mark or trade name or get.. up legitimately used by other
persons.