No. 2 31 Trademarks 69. In any legal proceeding relating to a trademark or trade name, the Appeals Tribunal or the Registrar, shall admit evidence of the usages of the trademark concerned and of any relevant trademark or trade name or get-up legitimately used by other persons. 70.__(1) In any legal proceeding in which the relief sought includes alteration or rectification of the Register, the Registrar shall have the right to appear and be heard in such proceedings, and shall appear if so directed by the Appeals Tribunal. Market survey evidence Registrar’s appearance in proceedings (2) Unless otherwise directed by the Appeals Tribunal, the Registrar, in lieu of appearing and being heard, may submit to the Appeals Tribunal, a statement in writing signed by him, giving particulars of the__ (a) proceedings before him in relation to the matter in issue; (b) the grounds for any decision given by him in relation to that matter; (c) the practice of the Trademarks Office in like cases; or (d) such other matters relevant to the issues, and within his knowledge as Registrar, as considers appropriate, and the statement shall be deemed to form part of the evidence in the proceeding. 71. In any appeal from a decision of the Registrar to the Appeals Tribunal, the Appeals Tribunal shall in adjudicating on the matter, have and exercise the same discretionary powers as are conferred upon the Registrar under this Act . 72.__(1) When an appellant or a party to proceedings before the Registrar or the Appeals Tribunal is resident outside Malawi, the Registrar or the Appeals Tribunal may direct the appellant or party to give security, within such time as may be directed, for the costs of the proceedings or appeal. (2) If the appellant or a party is ordered to give security for costs and fails to do so within the time directed, the Registrar or the Appeals Tribunal may treat the proceedings or appeal as abandoned. (3) Where a bond is to be given as security for costs, it shall, unless the Registrar or the Appeals Tribunal otherwise directs, be given to the party requiring the security. (4) Unless otherwise agreed between the parties, any costs awarded in terms of section 73 shall be taxed by the Registrar of Trademarks in accordance with rules made under this Part. Discretion of the Appeals Tribunal Security for costs