LAWS OF MALAWI Trade marks Trade Marks (Tribunal) Rules Cap. 49:01 (Subsidiary) (2) In any case where the setting down of the hearing of an appeal has been delayed any party may apply to the registrar of the Tribunal to fix a date for the hearing, and thereupon the registrar of the Tribunal, after consulting any other party and the Chairman, shall set down the appeal for hearing after having given to the Registrar of Trade Marks and to any other party appointed less than fourteen days’ notice of the time and place appointed for the hearing of the appeal unless the Chairman directs that shorter notice shall be given. (3) If in the opinion of the registrar of the Tribunal an appeal is not being prosecuted timeously he may lay the matter before the Chairman for directions and, if the Chairman is satisfied that the parties do not intend or are unable to proceed with the appeal, he may direct that the parties attend before him to show cause why the appeal should not be dismissed. Evidence. 6. Subject to section 51(7) of the Act, the evidence used on appeal to the Tribunal shall be the same as that used before the Registrar of Trade Marks, and no further evidence shall be given except with the leave of the Tribunal. 7. The Tribunal may, at the request of any party, order the attendance at the hearing for the purpose of cross-examination of any person who has given evidence in the matter to which the appeal relates. 8. (1) Subject to section 65 of the Act any party may, at any time before the hearing of n appeal, apply to the Tribunal for an order that any opposing party shall, within such time, in such amount and in such manner as the Tribunal directs, give security for the payment of any costs which such opposing party may be ordered to pay. Attendance witnesses. of Security on appeal. (2) The party applying for an order for security for costs shall serve upon the opposing party a copy of the notice of the application for security at least seven days before the date of the hearing thereof. (3) Any party ordered to give security for costs in terms of this rule may apply to the Tribunal for an order extending the time within which any security is to be given, and shall give not less than four days’ notice of such application to the other party. (4) In the even of the of the security not being given or being only partly given within the time directed by the Tribunal or any extension thereof, all proceedings in the appeal shall be deemed to be stayed, unless the Tribunal otherwise orders, and the appeal shall be set down for such order, whether of dismissal or otherwise, as the Tribunal may think fit.