ss 47–54
TRADE MARKS ACT
permit such inspection and affording
that person an opportunity of appealing
in terms of subsection (3).
(3) An appeal shall lie from any decision of the
Registrar under this section.
(4) In this section—
“prescribed form” means any application, request,
authorization, declaration or other notice made or
given in a form which has been prescribed for the
purpose, but does not include any document
accompanying or annexed to such form.
PART X
55 Power of Registrar to award costs
(1) Subject to subsection (2) of section fortynine, in all proceedings before the Registrar under
this Act, the Registrar shall have power to award to
any party such costs as he may consider reasonable
and to direct how and by what parties they are to be
paid.
(2) Any costs awarded by the Registrar shall be
taxed by a taxing officer of the Tribunal and
payment thereof may be enforced in the same
manner as if they were costs allowed by the Tribunal.
(3) An appeal shall lie from any decision of the
Registrar under this section.
56 Proceedings before Registrar
(1) Evidence in any proceedings before the Registrar under this Act shall be given by affidavit:
Provided that 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.
(2) The Registrar may, in any proceedings before
him under this Act, allow any witness to be crossexamined on his affidavit or oral evidence.
(3) The Registrar may, in any proceedings before
him under this Act, decide the hours, times and
places at which he will sit and he may adjourn such
proceedings for such time and to such place as he
may think fit.
(4) For the purposes of any proceedings before
him under this Act, the Registrar shall have the same
powers, rights and privileges as are conferred upon a
commissioner by the Commissions of Inquiry Act
[Chapter 10:07], other than the power to order a
person to be detained in custody, and sections 9 to
13 and 15 to 19 of that Act shall apply, mutatis
mutandis, in relation to the hearing and determination of any matter before the Registrar under this Act
and to any person summoned to give evidence or
giving evidence before him.
57 Advertisements to be approved by
Registrar
(1) Subject to subsection (2), no advertisement or
notice shall be published by any person under this
Act unless it is in the prescribed form or the Registrar has approved the contents of such advertisement
or notice and an advertisement or notice which has
not been so approved shall not have any force or
effect for the purposes of this Act.
(2) Subsection (1) shall not apply to an advertisement or notice published by or under the
authority of the President or the Minister.
[Chapter 26:04]
TRADE MARK AGENTS
58 Trade mark agents and their functions
(1) Subject to this Act, a trade mark agent may
act as agent on behalf of any person in connection
with any matter or proceeding before the Registrar
under
this
Act
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