LAWS OF MALAWI
Trade marks
Trade Marks (Tribunal) Rules
12.
(1) When the registrar of the Tribunal has received from the Registrar of Trade
Marks the papers or written proceedings in relation to any application or other
matter made to the Tribunal under the Act he shall, after taking directions from
the Chairman, appoint a time and place for the hearing if the case, and shall
give the parties at least fourteen days’ notice of the appointment.
(2)
13.
Cap. 49:01
(Subsidiary)
of
Evidence
affidavit.
by
After hearing the party or parties desiring to be heard or, if none of the
parties desires to be heard, then without a hearing, the Tribunal shall
decide the case and notify its decision to the parties.
(1)All evidence shall be by affidavit unless otherwise directed by the Tribunal.
(2)
(1) Hearing
applications.
Whenever a time is specified in this Part within any act or thing is to
be done the Registrar of Trade Marks may, on application made to
him in writing, extend the time either before or after its expiration or
within any extended period.
Costs.
14.
If the applicant notifies the Tribunal that he does not desire to proceed with an
application, the Tribunal in deciding whether costs should be awarded to the
other party shall consider whether proceedings might have been avoided if
such other party had given reasonable notice to the applicant before the
application to the Tribunal was filed.
PART III
TAXATION OF COSTS
15.
The registrar of the Tribunal shall be the Taxing Officer for the purpose of
taxing a bill of costs of a legal practitioner and in the taxation of costs shall
comply with such instructions as may form time to time be given to him by the
Tribunal for that purpose.
16.
(1) With a view to affording the party who has been awarded an order for costs
a full indemnity for all costs reasonably incurred by him in relation to his
application or opposition, and to ensure that all such costs shall be borne by the
party against such order has been awarded by the party against whim such
order has been awarded by the Tribunal, the Taxing Officer shall on every
taxation allow all such costs, charges and expenses as appear to him to have
been necessary or proper for the attainment of justice or for defending the
rights of any party, save as against the party who incurred the same, no costs
shall be allowed which appear to the Taxing Officer to have been incurred or
increased through over-caution, negligence or mistake, or by payment of a
special fee to counsel, unless the Tribunal otherwise orders, or special charges
and expenses to witness or other persons or by other unusual expenses.
Registrar
of
Tribunal to Taxing
Officer.
Necessary
and
proper costs to be
allowed.