Evidence
57. (1)
In any proceedings under this Act before the Registrar, the evidence shall be given by statutory
declaration except in so far as the Registrar otherwise directs; but in any case where the Registrar
thinks it right to do so, he may take evidence viva voce instead of or in addition to evidence by
statutory declaration.
(2)
Where in any such proceedings any evidence has been given by means of a statutory declaration,
that evidence may, in the case of an appeal, be given before the court by means of that statutory
declaration instead of by affidavit; but any evidence given by statutory declaration before the court
by virtue of this subsection shall have all the incidents and consequences of evidence given by
affidavit.
(3)
The Chief Judge of the Federal High Court may, with respect to the taking in any proceedings
before the Registrar under this Act of any part of the evidence viva voce, make rules (a)
as to the examination of the parties, and of witnesses, on oath or affirmation; and
(b)
as to the procedure of securing he attendance of witnesses and the production of documents.
(4)
Rules made under subsection (3) of this section, shall not have effect until published in the
Federal Gazette.
58. (1)
A printed or written copy of any entry in the register, purporting to be certified by the Registrar
and sealed with the seal of the Registrar, shall be admitted in evidence in all courts and in all
proceedings without further proof or production of the original.
(2)
59.
Any person requiring such a certified copy as aforesaid shall be entitled to obtain it on payment of
the prescribed fee.
A certificate purporting to be under the hand of the Registrar as to any entry, matter or thing that he is
authorised by this Act or the rules to make or do shall be prima facie evidence of the entry having been
made, and of he contents thereof, and of the matter or thing having been done or not done.
Offences, and restraint of use of Arms of Nigeria etc
60.
If any person makes or causes to be made a false entry in the register, or a writing falsely purporting to
be a copy of an entry in the register, or produces or tenders or causes to be produced or tendered in
evidence any such writing, knowing the entry or writing to be false, he shall be guilty of an offence and
be liable on conviction on indictment to imprisonment for a term not exceeding seven years.
61. (1)
Any person who makes a representation (a)
with respect to a mark not being a registered trade mark, to the effect that it is a registered
trade mark; or
(b)
with respect to a part of a registered trade mark not being a part separately registered as a trade
mark, to the effect that it is so registered; or
(c)
to the effect that a registered trade mark is registered in respect of any goods in respect of
which it is not registered; or
(d)
to the effect that the registration of a trade mark gives an exclusive right to the use thereof in
any circumstances in which, having regard to limitations entered on the register, the registration
does not give that right, shall be liable on summary conviction to a fine not exceeding two
hundred naira.