TRADE MARKS ACT 35. 36. Use of one of associated or substantially identical trade marks equivalent to use of another. Use of trade mark for export trade. 37. 38. 39. 40. 41. RECTIFICATION AND CORRECTION OF REGISTER General power to rectify entries in Register. Power to expunge or vary registration for breach of condition or registration of distinguishing guise. Correction of Register. Alteration of registered trade mark. Adaptation of entries in Register to amended or substituted classification of goods or services. PART VIII PART IX CERTIFICATION MARKS 42. 43. 44. 45. 46. 47. 48. 49. 50. Certification mark to be distinctive. Right given by registration of certification mark. Application for registration of certification mark. Advertising of acceptance of application. Rules governing use of certification mark. Rectification of Part C of Register. Assignment or transmission of certification mark. Appeals against refusal by registered proprietor to certify goods or services. Provisions of the Act not applicable to certification mark. 51. 52. 53. 54. 55. 56. 57. FUNCTIONS OF REGISTRAR IN RELATION TO CERTAIN EVIDENCE, DOCUMENTS AND POWERS Preliminary advice by Registrar as to distinctiveness, deceptiveness, etc. Hearing before exercise of Registrar’s discretion. Evidence of certain entries and documents. Inspection of documents. Power of Registrar to award costs. Proceedings before Registrar. Advertisements to be approved by Registrar. PART X PART XI 58. 59. 60. 61. 62. 63. TRADE MARK AGENTS Trade mark agents and their functions. Qualifications and registration of trade mark agents. Removal of names from Register of Trade Mark Agents. Privileges of legal practitioners and patent agents. Entitlement to practise as trade mark agent and power of Controller to refuse to deal with certain agents. Prohibition of certain acts of trade mark agents. PART XII 64. 65. 66. 67. 68. 69. 70. 71. 72. 73. 74. 75. 76. 77. APPEALS AND LEGAL PROCEEDINGS Tribunal to hear appeals. Right of audience. Rules. Assessors. Time for appeals. References to Tribunal by Registrar. Registration to be prima facie evidence of validity. Certification of validity. Infringement action to be heard in High Court. Trade usage, etc., to be considered. Registrar’s appearance in proceedings involving rectification. Power of Tribunal to review decision of Registrar. Discretion of Tribunal in appeals. Procedure in cases of option to apply to Tribunal or Registrar. 77 [Chapter 26:04]