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(b) a Deputy Registrar of Trade Ma-rks who shall, subject to the direction of the
Registrar, have all the powers conferred by this Act on the Registrar;
(c) such other officers as may -he necessary for carrying out the provisions of this
Act.
Sea! oj Trade Mark s Office.
5. The Registrar of Trade Marks shall maintain a seal which shall be affixed to certificates
and other documents as required by this Act.
Register of Trade Mark s.
6~ (1) There shall b-e kept at th-e Trade Marks Office a record called the Register of Trade
Marks wherein shall-be entered all registered trade marks together with
(a)
(b)
(c)
(d)
(e)
the names, addresses and trade or business .descriptions of their proprietors;
notifications of assignments and transmissions;
the names arid addresses of all registered users;
disclaimers, conditions and limitations; and
such other matters relating to registered trade marks as may be prescribed.
(2) Subject to this _A..ct, the Register shall, at all convenient times, be open to inspection
by the public, and certified copies of any entry in the Register shall be given to any person
requiring them on payment of the prescribed fee.
Evidence.
7. (1) A certificate sealed and signed by the Registrar and certifying that any entry which
he is required or authorised by or under this Act to make has or has not been made)
or that any other act which he is so required or authorized to perform has or has
not been done, shall be prima facie evidence of the matters contained therein.
(2) A copy of any entry in th.e Register or of any document kept in the Trade Marks
Office or of any trade mark or an extract from any such Register or document, certified by
the Registrar and sealed, shall be admissible in evide.nce without further proof and without
production of the original.
Hearing before exercise oj discretion.
8. Where any discretionary or other power is given to the Registrar by this Act or the
Regulations) he shall not exercise that power adversely to the applicant for registration, the
registered proprietor of the trade mark in question or a person having given notice of opposi
tion without (if duly requested so to do within the prescribed time) giving to the applicant or
the registered proprietor or a person having given notice of opposition, as the case may be,
an opportunity of being heard.
Proceedings before Registrar.
9. Subject to section 10, evidence in any proceedings before the Registrar under this Act
shall be given by affidavit, bout the Registrar may, if he thinks fit in any particular case) take
oral evidence on oath in lieu of or in addition to such evidence and may allow any witness to
be cross-examined on his affidavit or oral evidence.
Oaths and Affirmation.
10. Any person who is required under this Act to take any oath or to swear an affidavit
may, in lieu thereof, make an affirmation or declaration in accordance with the law relating to
affirmations or declarations in Swaziland.