No. 12
Trade and Service Marks
1986
4. (a) The President shall by Government Notice published in the
Gazette appoint a Registrar of Trade and Service Marks who shall perform
the duties and exercise powers imposed or conferred by this Act and shall
be responsible for its administration.
(b) The Minister shall appoint one or more Deputy Registrars of Trade
and Service Marks who shall, subject to the directions of the Registrar
have all the powers and privileges conferred by this Act on the Registrar.
(c) The Minister shall appoint such examiners and other officers as
may be necessary for carrying out the provisions of this Act.
5.-(]) The Registrar shall have a seal of such device as may be approved by the Minister provided always that until such seal has been obtained
a stamp in such form as the minister may approve shall be used in lieu
thereof.
(2) The Seal shall be used in the manner as shall be directed by the
Registrar.
(3) Impressions of such a Seal or stamp shall be judicially noticed and
admitted in evidence.
6.-(1) The Registrar shall maintain a register in which he shall record
all trade and service marks granted under this Act and such other matters
as may be prescribed.
(2) Any person may on request consult the Trade and Service Marks
Register and may take extracts or any information from it on payment of
a prescribed fee.
7. Entries made in the Trade and Service Marks Register in pursuance
of this Act may be proved by such documents and copies certified in the
manner as may be directed by the Registrar, and the copies of such entries
shall be evidence of any matter required by this Act.
8. Without prejudice to any law the Registrar shall give any party to
a proceeding before him an opportunity of being heard before exercising
adversely to that party any discretion vested in the Registrar by this Act
or regulations.
9. Subject to the provisions of section 10, any other proceedings before
the Registrar under this Act, evidence shall be given by affidavit and the
Registrar may, if he deems fit take oral evidence on oath in lieu or in
addition to such other evidence and shall cross-examine any witness on
such evidence.
10. Any person who is required under the provisions of this Act to take
any oath or swear to an affidavit shall, in lieu thereof, make Conditions
of Oaths and affirmation shall conform with the provisions of a ''Statutory Declaration'' as provided for in section 3 of the Interpretation of
Laws and General Clauses Act, 1972.
11. In all proceedings before the Registrar, under this Act, the Registrar
shall award to any party such costs as he may consider reasonable and
may direct how and by which parties they are to be paid, and any such
order may, by leave of the court or judge thereof, been forced in the same
manner as a judgment or order of the court to the same effect.
7
Officers of
the Trade
and services
marks office
Seal of the
Registrar of
Trade and
Service Mark
Register of
trade and
service marks
Evidence
Hearing
before
excise of
discretion
Proceeding
before a
Registrar
Oaths and
affirmations
Power to
award costs