(b)
shall refer any application where the issue refers to a question of law to the court for
determination.
(2)
Any reference made under sub-rule (1) to the Court shall be made by originating motion and
shall be served on every party to the proceedings to which the application relates.
(3)
The notice of motion shall state the grounds of the application, the question of law for
determination, and the contentions of the Registrar and of other parties if any, on the question
of law to which the reference relates and other relevant matters.
(4)
Unless the Court otherwise directs, the motion shall not be heard sooner than fourteen days after
service of notice thereof on all parties concerned.
(5)
The Registrar shall appear or shall be represented and be heard in the proceedings of a matter
referred to the Court.
B - TRADE MARKS
Procedure for action on infringement or registered trade mark.
7.
(1) Every action for infringement of a registered trade mark shall be commenced by a writ of
summons as provided in order 3 of these Rules.
(2)
Where in any proceeding a claim is made for relief for infringement of the right to the use
of a registered trade mark, the party against whom the claim is made may, in his defence, put
in issue the validity of the registration of that trade mark or may counter-claim of an order that
the register of trademarks be rectified by canceling or varying the relevant entry or both.
(3)
A party to any such proceeding who in his pleadings (whether a defence or counter-claim)
disputes the validity of the registration of a registered trade mark shall serve along with the
pleadings, particulars of the objections to the validity of the registration on which he relies in
support of the allegation of invalidity.
(4)
A party to any such proceeding who counter-claims for an order that the register or trademarks
be rectified shall serve on the Register of trademarks, a copy of the counterclaim together with a
copy of the particular mentioned in sub-rule (2); and the Registrar of trademarks shall take part
in the proceeding as he may think fit but may not serve a defence or other pleadings unless
ordered to do so by the Court.
C - PATENTS AND DESIGNS
Procedure for nullification of patents or designs.
8.
(1) an application for the nullification of a patent or a design, as the case may be, shall be by
petition.
(2)
The respondent to a petition shall serve an answer to the petition within twenty-one days after
service of the petition on him.