18
Owner or
applicant to be
heard before
decision is
made by
Registrar
Evidence of
certain entries
and documents
Request for
information
Advertisements
to be approved
by the Registrar
Infringement of
a trademark
Trademarks
No. 2
30. The Registrar shall, prior to making a decision that may
affect the rights of the owner or applicant for registration of a
trademark, give the owner or applicant an opportunity to be heard.
31.__(1) A certificate purporting to be signed by the Registrar
certifying that an entry which he is authorized by this Act to make,
has or has not been made, or that any other thing which he is so
authorized to do has or has not, been done, shall be prima facie
evidence of the matters so certified.
(2) A copy of any entry in any register, or any document kept in
the Trademarks Office, or any trademark or an extract from such
register or document, certified by the Registrar and sealed with the
seal of the Trademark Office, shall be admissible as evidence in any
proceedings without further proof and without production of the
original document.
32. The Registrar shall, on the request of any person and on
payment of the prescribed fee, furnish copies of any document
lodged with the Trademarks Office or particulars from the Register
which are open to public inspection or furnish a certificate in respect
thereof.
33. Any advertisement or notice issued under this Act, other
than a notice issued under the authority of the Minister, shall, before
being published by any person, be in the prescribed form and be
approved by the Registrar.
PART V__INFRINGEMENT OF TRADEMARKS AND UNFAIR COMPETITION
34. A person who is not an owner of a registered trademark
infringes the rights of an owner of the registered trademark if he__
(a) affixes the registered trademark or a similar distinctive
sign, on goods or goods associated with the services for which the
trademark was registered, or on containers, wrapping or
packaging of such goods which creates a confusion with regard to
the identity of the goods;
(b) suppresses or distorts, for commercial purposes, the
trademark after it has been affixed on the goods for which the
trademark has been registered;
(c) produces, sells, offers for sale, distributes or stocks labels,
containers, wrapping, packaging or any other material on which
the trademark is reproduced;