shall be confined to matters strictly in reply.
40. Further evidence
No further evidence shall be left on either side but, in any proceedings before the
Registrar, he may at any time give leave to either the applicant or the opponent to leave
any evidence upon such terms as to costs or otherwise as he may think fit.
41. Exhibits
Where there are exhibits to declarations filed in an opposition, copies or
impressions of such exhibits shall be sent to the other party on his request and at his
expense, or, if such copies or impressions cannot conveniently be furnished, the original
shall be left with the Registrar in order that they may be open to inspection. The original
exhibits shall be produced at the hearing unless the Registrar otherwise directs.
42. Hearing
(1) Upon completion of the evidence the Registrar shall give at least one month's
notice to the parties of a date when he will hear the arguments in the case. Such
appointment shall be for a date at least thirty days after the date of the notice, unless the
parties consent to a shorter notice. Within fifteen days from the receipt of the notice any
party who intends to appear shall so notify the Registrar on form TM/SM 7. A party who
receives notice as aforesaid and who does not, within fifteen days from the receipt
thereof, so notify the Registrar on Form TM/SM 7 may be treated as not desiring to be
heard and the Registrar may act accordingly.
(2) If the Registrar fails to notify the parties of a date for hearing within three
months of the completion of the evidence or fails to issue his decision within three
months after the conclusion of the hearing, the opponent or the applicant may, after
having given the Registrar one month's written notice, elect to refer the matter to the
court for hearing and determination. The Registrar shall then transmit all relevant
documents to the court.
43. Extension of time
Where in opposition proceedings any extension of time is granted to any party,
the Registrar may thereafter, without giving the said party a hearing, grant any
reasonable extension of time to any other party in which to take any subsequent step.
44. Security for costs
Where a party giving notice of opposition or an applicant sending a counterstatement after receipt of a copy of such a notice neither resides nor carries on business
in Tanzania the Registrar may require him to give security, for the costs of the
proceedings before the Registrar, for such amount as to the Registrar may deem fit.
45. Costs in uncontested case
In the event of an opposition being uncontested by the applicant, the Registrar in
deciding whether costs should be awarded to the opponent shall consider whether
proceedings might have been avoided if reasonable notice had been given by the
opponent to the applicant before the notice of opposition was lodged.
46. Non-completion
Where registration of a mark is not completed within twelve months from the date
of the application by reason of default on the part of the applicant, the Registrar shall on
Form 01 give notice in writing to the applicant at his trade or business address of the
non-completion, but if the applicant has authorized an agent for the purpose of the
application he shall instead send the notice to the agent and shall send a duplicate
thereof to the applicant. If after thirty days from the date when the notice was sent, or
such further time as the Registrar may allow, the registration is not completed, the
applicant shall be deemed to be abandoned.
47. Entry in register