IPIN/l/SWZ/T/l
Page 20
Certification of Validity.
51.
In any legal proceedings in which the validity of the registration of a registered trade
mark comes into question and is decided in favour of the proprietor of the trade mark the
Court may certify to that effect.
Registrar's Right to Appear.
~')
(1) In any legal proceedings in which the relief sought includes alteration or rectif ca
tion of the Register, the Registrar shall ha ve the righ t to appear and be heard, and shall app ea r
if so directed by the Court
(2) Unless otherwise directed by the Court, the Registrar, in lieu of appearing and
being heard, may submit to the Court a statement in writing, signed by him, giving particulars
of any proceedings before him in relation to the matter in issue or of the grounds of any deci
sion given by him affecting it or of the practice of the Trade Marks Office in like cases or of
such other matters relevant to the issues, and within his knowledge as Registrar, as he thinks
fit, and the statement shall be deemed to form part of the evidence in the proceedings.
Court's power of Review,
- 53. The Court, in dealing with any question of the rectification of the Register (including
all applications under section 37) . shall have power to review any decision of the Registrar
relating to the entry in q uestion or the cor-recti on sough t to be made.
Court's Discretion.
54. In any appeal fro.m a decision of the Registrar to the Court, the Court shall have and
exercise the same discretionary powers as under this . A ct are conferred upon the Registrar.
PART XI
OFFENCES AND PENALTIES
Falsification of Entries on Register.
55. Any person who makes or causes to be made a false entry in the Register, or a writing
falsely purpoting to be a copy of an entry in the Register, or who produces aT tenders in evi
dence any such writing, knowing the entry or writing to be false, shall be guilty of an offence.
Falsely represenringa Trade Mark as Registered.
56.
(1) Any person shall be guilty of an offence if he knowingly makes a representat ion
(a) with respect to a trade mark not being a registered trade mark to the effect that
it is a registered trade mark;
(b) with respect to a part of a registered trade mark not being a part separately
registered as a trade mark to the effect that it is so registered;
(c) to the effect that a registered trade mark is registered in respect of any goods or
services in respect of which it is not registered; or
(d) to the effect that the registration of a trade mark gives an exclusive right to the
use thereof in any circumstances in which, having regard to limitations entered
in the Register} the registration does not give that right.
(2) For the purposes of this section, the use in Swaziland in relation to a trade mark of
the word "registered" or the symbol R, or of any other word or symbol referring, whether
expressly OT impliedly, to registration, shall be deemed to import a reference to a registration
in the Register, except