TRADE MARKS ACT or is incapable of registration by virtue of subsection (1) of section fourteen, the applicant shall be entitled, on giving notice of withdrawal of the application within the prescribed period, to have repaid to him any fee paid on the lodging of the application. ss 41–47 Provided that the Registrar shall not permit any inspection in terms of this paragraph— 52 Hearing before exercise of Registrar’s discretion Where any discretionary or other power is given by this Act to the Registrar, he shall not exercise that power adversely to the applicant or the registered proprietor of the trade mark in question, as the case may be, without giving to the applicant or registered proprietor an opportunity of being heard. 53 Evidence of certain entries and documents (1) A certificate purporting to be signed by the Registrar and certifying that any entry which is authorized by or under this Act or the repealed legislation to be made has or has not been made or that any other thing which is so authorized to be done has or has not been done shall be prima facie evidence of the matters so certified. (2) A copy of any entry in the Register or of any document kept in the Trade Marks Office or of any trade mark or an extract from the Register or any such document certified by the Registrar and sealed with the seal of the Trade Marks Office shall be admitted in evidence without further proof and without production of the original. 54 Inspection of documents (1) The Register and any prescribed form which is lodged at the Trade Marks Office shall, at all convenient times, be open to inspection by the public and certified copies, either sealed with the seal of the Trade Marks Office or unsealed as may be required, of any entry in, or particulars from, the Register or of any such form, as the case may be, shall be given to any person requiring them on payment of the prescribed fee. (2) Save as otherwise provided in this Act, any person who wishes to inspect any document submitted in connection with any application made in terms of this Act or the repealed legislation, not being a prescribed form, shall apply in writing to the Registrar stating the reason therefor and the grounds on which he claims an interest in the matter, and on receipt of such application the Registrar— (a) shall refer a copy of the application to the proprietor of, or applicant for, the trade mark concerned, as the case may be, who may, within such period as may be prescribed, object to disclosure of the document or any information contained therein on the grounds that the interest claimed is not genuine or that the document contains information disclosure of which would cause damage or prejudice; and (b) may, after considering any objection lodged in terms of paragraph (a), permit the applicant to inspect such document or portion thereof if he considers that inspection thereof is justified in the circumstances and a certified copy of such document or an extract therefrom may be given on payment of the prescribed fee: (i) prior to the date that the acceptance of the application concerned is advertised in terms of subsection (1) of section twenty-two; or (ii) where an objection has been lodged in terms of paragraph (a), without first notifying the person lodging the objection that he intends to 109 [Chapter 26:04]