LAWS OF MALAWI Trade marks Trade Marks (Tribunal) Rules 12. (1) When the registrar of the Tribunal has received from the Registrar of Trade Marks the papers or written proceedings in relation to any application or other matter made to the Tribunal under the Act he shall, after taking directions from the Chairman, appoint a time and place for the hearing if the case, and shall give the parties at least fourteen days’ notice of the appointment. (2) 13. Cap. 49:01 (Subsidiary) of Evidence affidavit. by After hearing the party or parties desiring to be heard or, if none of the parties desires to be heard, then without a hearing, the Tribunal shall decide the case and notify its decision to the parties. (1)All evidence shall be by affidavit unless otherwise directed by the Tribunal. (2) (1) Hearing applications. Whenever a time is specified in this Part within any act or thing is to be done the Registrar of Trade Marks may, on application made to him in writing, extend the time either before or after its expiration or within any extended period. Costs. 14. If the applicant notifies the Tribunal that he does not desire to proceed with an application, the Tribunal in deciding whether costs should be awarded to the other party shall consider whether proceedings might have been avoided if such other party had given reasonable notice to the applicant before the application to the Tribunal was filed. PART III TAXATION OF COSTS 15. The registrar of the Tribunal shall be the Taxing Officer for the purpose of taxing a bill of costs of a legal practitioner and in the taxation of costs shall comply with such instructions as may form time to time be given to him by the Tribunal for that purpose. 16. (1) With a view to affording the party who has been awarded an order for costs a full indemnity for all costs reasonably incurred by him in relation to his application or opposition, and to ensure that all such costs shall be borne by the party against such order has been awarded by the party against whim such order has been awarded by the Tribunal, the Taxing Officer shall on every taxation allow all such costs, charges and expenses as appear to him to have been necessary or proper for the attainment of justice or for defending the rights of any party, save as against the party who incurred the same, no costs shall be allowed which appear to the Taxing Officer to have been incurred or increased through over-caution, negligence or mistake, or by payment of a special fee to counsel, unless the Tribunal otherwise orders, or special charges and expenses to witness or other persons or by other unusual expenses. Registrar of Tribunal to Taxing Officer. Necessary and proper costs to be allowed.