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Section 112 – The Trade and Merchandise Marks Act,1958

The Trade and Merchandise Marks Act,1958

Section 112. Appearance of register in legal proceedings

(1) The Registrar shall have the right to appear and be heard-

(a) In any legal proceeding before a High Court in which the relief sought includes alteration or rectification of the register or in which any question relating to the practice of the Trade Marks Registry is raised;

(b) In any appeal to the High Court from an order of the Registrar on an application for registration of a trade mark-

(i) Which is not opposed, and the application is either refused by the Registrar or is accepted by him subjected to any amendments, modifications, conditions, or limitations or

(ii) Which has been opposed and the Registrar considers that his appearance is necessary in the public interest,

In addition, the Registrar shall appear in any case if so directed by the Court.

(2) Unless the High Court otherwise directs, the Registrar may, in lieu of appearing, submit a statement in writing, signed by him, giving such particulars as he thinks proper of the proceedings before him relating to the matter in issue, or of the grounds of any decision given by him affecting it, or of the practice of the Trade Marks Registry in like cases, or of other matters relevant to the issues and within his knowledge as Registrar, and such statement shall be evidence in the proceeding.

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The Trade and Merchandise Marks Act,1958

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