IP/N/l IGHA/T 11
Page 34
Procedure in
cases of
option to
apply to
Court or
Registrar.
so. Where under this Act an applicant has an option to make
an application either to the Court or to the Registrar(a) if an action concerning the trade mark in question is
pending, the application must be made to the Court;
(b) if in any other case the application is made to the
Registrar he may, at any stage of the proceedings,
refer the application to the Court, or he may, after
hearing the parties, determine the question between
them, subject to appeal to the Court.
Mode of
taking
evidence in
51@ (1) In any proceeding under this Act before the Registrar,
the evidence shall, subject to subsection (2) of this section, be given
proceedings by statutory declaration,
.
before
(2) The Registrar may take evidence on oath in lieu of or in
Registrar.
addition to a statutory declaration..
(3) Any statutory declarationtaken under: this section 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
(4) The Registrar shall have thesame powers for requiring
the attendance of witnesses and, the production of documents and
for taking evidence on oath as the Court,
(5) A'witness-before the Registrar' is" entitled to the same
immunities and privileges and may, without prejudice to the general
effect of the foregoing words, of this subsection, .be awarded by the
Registrar and paid the same allowances inrespect of his attendance
as a witness, as if he were a witness before the Court..
(6) A summons under this section for the attendance of a
witness to give evidence or for the production of a document must
be signed by the 'Registrar..
(7) If any person-s- ,
.'
-Ca) on being 'duly summoned as a witness before the
Registrar makes default in attending or
(b) being in attendance as a witness refuse's to take an
oath legally required 'by the Registrar to be taken, or
to produce any document in his power or control legally
required by the Registrar to be produced by him, 01"
to answer any' question to which the Registrar may
legally require an answer, or
(c) does any other thing which would, if the Registrar were
a court be contempt of court,
the Registrar may certify the offence of that person under his official
seal to the Court and the Court may, after such inquiry as it thinks
proper to make, punish or take' steps for the punishment of that
person in like manner as if he 'had been guilty of contempt of the
Court"
'