ss 75–82 75 Power of Tribunal to review decision of Registrar The Tribunal, in dealing with any question of the rectification of the Register, including any application under section thirty-seven, shall have power to review any decision of the Registrar relating to the entry in question or the correction sought to be made. TRADE MARKS ACT (2) Upon the hearing of an appeal under this section, the Supreme Court may, without prejudice to its other powers— 76 Discretion of Tribunal in appeals In any appeal from a decision of the Registrar to the Tribunal, the Tribunal shall have and exercise the same discretionary powers as under this Act are conferred upon the Registrar. 77 Procedure in cases of option to apply to Tribunal or Registrar Where under any of this Act an applicant has an option to make an application either to the Tribunal or to the Registrar and such application is made to the Registrar, the Registrar may— (a) at any stage of the proceedings, refer the application to the Tribunal; or (b) after hearing the parties, determine the question between them, subject to appeal to the Tribunal. 78 Security for costs and taxation of costs (1) When a party to proceedings before the Registrar or the Tribunal or an appellant is resident outside Zimbabwe or has no immovable property therein, the Registrar or the Tribunal may order such party or appellant to give security, within such time as may be directed, for the costs of the proceedings or appeal. (2) If the party or appellant ordered to give security for costs fails to do so within the time directed, the Registrar or the Tribunal may— (a) treat the proceedings or appeal as abandoned; or (b) treat the party concerned as having abandoned any rights he may have had in the matter. (3) Where a bond is to be given as security for costs, it shall, unless the Registrar or the Tribunal otherwise directs, be given to the party requiring the security. (4) Unless otherwise agreed between the parties, any costs awarded in terms of subsection (5) of section sixty-four— (a) shall be taxed by the registrar of the Tribunal in accordance with rules made under this Part, which taxation shall be subject to appeal to the Tribunal; and (b) may be recovered by action in a court of competent jurisdiction. (a) confirm, set aside or vary the order or decision in question; (b) remit the proceedings to the Tribunal with such instructions for further consideration, report, 79 Costs of Registrar In all proceedings before the Tribunal under this Act, the costs of the Registrar shall be in the discretion of the Tribunal, but the Registrar shall not be ordered to pay the costs of any other party. 80 Appeals to Supreme Court (1) Any party to any proceedings before the Tribunal may appeal from any order or decision of such Tribunal to the Supreme Court. [Chapter 26:04] 116