30 Infringement or passing off of a trade mark Registrar’s original jurisdiction Reference to Appeals Tribunal by Registrar Proceedings before the Registrar Cap. 18:01 Power of Registrar to fix time and place Registration to be prima facie evidence of validity Trademarks No. 2 (5) If a person is further aggrieved by the decision of the Appeals Tribunal, he may within twenty one days, appeal to the Supreme Court of Appeal. 63. Any action or legal proceeding relating to the infringement or passing off of a trademark shall be presided over by the Commercial Division in the High Court. 64. Where an applicant wishes to make an application under any provisions of this Act, the application shall first be made to the Registrar. 65. Where the Registrar determines that any matter to be decided by him under this Act involves a point of law or is of unusual importance or complexity, he may, after giving notice to the parties, refer the matter to the Appeals Tribunal for a decision and shall thereafter, in relation to the matter, act in accordance with the decision of the Appeals Tribunal or any decision substituted therefor, on appeal to the Supreme Court. 66.__(1) Subject to section 70, evidence in any proceedings before the Registrar under this Act, shall be given by affidavit but the Registrar may, if he considers it appropriate in any particular case, take oral evidence as aforesaid in lieu of, or in addition to, such evidence as aforesaid and may allow any witness to be cross-examined on his affidavit or oral evidence. (2) The powers, rights and privileges of the Registrar in proceedings before him under this Act shall be the same as those conferred upon commissioners by the Commissions of Inquiry Act and sections 9, 10 and 12 of that Act and the regulations made pursuant to the Act shall apply mutatis mutandis, to a hearing and determination of any matter before the Registrar under this Act and to any person summoned to give evidence or giving evidence before him. (3) A party may, in any proceedings before the Registrar under this Act, be represented by a legal practitioner. 67. The Registrar may, in any proceeding before him decide the time and places at which he will sit and he may adjourn any proceedings for such time and to such place as he considers appropriate. 68. In any legal proceeding relating to a registered trademark, the fact that a person is registered as owner of the trademark shall be prima facie evidence of the validity of the original registration of the trademark and of all subsequent assignments and transmissions thereof.