No. 2
31
Trademarks
69. In any legal proceeding relating to a trademark or trade
name, the Appeals Tribunal or the Registrar, shall admit evidence of
the usages of the trademark concerned and of any relevant
trademark or trade name or get-up legitimately used by other
persons.
70.__(1) In any legal proceeding in which the relief sought
includes alteration or rectification of the Register, the Registrar shall
have the right to appear and be heard in such proceedings, and shall
appear if so directed by the Appeals Tribunal.
Market
survey
evidence
Registrar’s
appearance in
proceedings
(2) Unless otherwise directed by the Appeals Tribunal, the
Registrar, in lieu of appearing and being heard, may submit to the
Appeals Tribunal, a statement in writing signed by him, giving
particulars of the__
(a) proceedings before him in relation to the matter in issue;
(b) the grounds for any decision given by him in relation to that
matter;
(c) the practice of the Trademarks Office in like cases; or
(d) such other matters relevant to the issues, and within his
knowledge as Registrar, as considers appropriate,
and the statement shall be deemed to form part of the evidence in
the proceeding.
71. In any appeal from a decision of the Registrar to the
Appeals Tribunal, the Appeals Tribunal shall in adjudicating on the
matter, have and exercise the same discretionary powers as are
conferred upon the Registrar under this Act .
72.__(1) When an appellant or a party to proceedings before the
Registrar or the Appeals Tribunal is resident outside Malawi, the
Registrar or the Appeals Tribunal may direct the appellant or party
to give security, within such time as may be directed, for the costs
of the proceedings or appeal.
(2) If the appellant or a party is ordered to give security for costs
and fails to do so within the time directed, the Registrar or the
Appeals Tribunal may treat the proceedings or appeal as abandoned.
(3) Where a bond is to be given as security for costs, it shall,
unless the Registrar or the Appeals Tribunal otherwise directs, be
given to the party requiring the security.
(4) Unless otherwise agreed between the parties, any costs
awarded in terms of section 73 shall be taxed by the Registrar of
Trademarks in accordance with rules made under this Part.
Discretion of
the Appeals
Tribunal
Security for
costs