30
Infringement
or passing off
of a trade
mark
Registrar’s
original
jurisdiction
Reference to
Appeals
Tribunal by
Registrar
Proceedings
before the
Registrar
Cap. 18:01
Power of
Registrar to
fix time and
place
Registration
to be prima
facie
evidence of
validity
Trademarks
No. 2
(5) If a person is further aggrieved by the decision of the Appeals
Tribunal, he may within twenty one days, appeal to the Supreme
Court of Appeal.
63. Any action or legal proceeding relating to the infringement
or passing off of a trademark shall be presided over by the
Commercial Division in the High Court.
64. Where an applicant wishes to make an application under
any provisions of this Act, the application shall first be made to the
Registrar.
65. Where the Registrar determines that any matter to be
decided by him under this Act involves a point of law or is of
unusual importance or complexity, he may, after giving notice to the
parties, refer the matter to the Appeals Tribunal for a decision and
shall thereafter, in relation to the matter, act in accordance with the
decision of the Appeals Tribunal or any decision substituted
therefor, on appeal to the Supreme Court.
66.__(1) Subject to section 70, evidence in any proceedings
before the Registrar under this Act, shall be given by affidavit but
the Registrar may, if he considers it appropriate in any particular
case, take oral evidence as aforesaid in lieu of, or in addition to,
such evidence as aforesaid and may allow any witness to be
cross-examined on his affidavit or oral evidence.
(2) The powers, rights and privileges of the Registrar in
proceedings before him under this Act shall be the same as those
conferred upon commissioners by the Commissions of Inquiry Act
and sections 9, 10 and 12 of that Act and the regulations made
pursuant to the Act shall apply mutatis mutandis, to a hearing and
determination of any matter before the Registrar under this Act and
to any person summoned to give evidence or giving evidence before
him.
(3) A party may, in any proceedings before the Registrar under
this Act, be represented by a legal practitioner.
67. The Registrar may, in any proceeding before him decide the
time and places at which he will sit and he may adjourn any
proceedings for such time and to such place as he considers
appropriate.
68. In any legal proceeding relating to a registered trademark,
the fact that a person is registered as owner of the trademark shall
be prima facie evidence of the validity of the original registration of
the trademark and of all subsequent assignments and transmissions
thereof.