grounds of any decision given by him affecting it or of the practice of the Trade
Marks Office in like cases or of such other matters relevant to the issues, and within
his knowledge as Registrar, as he thinks fit, and the statement shall be deemed to
form part of the evidence in the proceedings.
75
Power of Tribunal to review decision of Registrar
The Tribunal, in dealing with any question of the rectification of the Register,
including any application under section thirty-seven, shall have power to review any
decision of the Registrar relating to the entry in question or the correction sought to
be made.
76
Discretion of Tribunal in appeals
In any appeal from a decision of the Registrar to the Tribunal, the Tribunal shall have
and exercise the same discretionary powers as under this Act are conferred upon the
Registrar.
77
Procedure in cases of option to apply to Tribunal or Registrar
Where under any of this Act an applicant has an option to make an application either
to the Tribunal or to the Registrar and such application is made to the Registrar, the
Registrar may—
(a)
at any stage of the proceedings, refer the application to the Tribunal;
or
(b)
after hearing the parties, determine the question between them, subject
to appeal to the Tribunal.
78
Security for costs and taxation of costs
(1) When a party to proceedings before the Registrar or the Tribunal or an appellant is
resident outside Zimbabwe or has no immovable property therein, the Registrar or the
Tribunal may order such party or appellant to give security, within such time as may
be directed, for the costs of the proceedings or appeal.
(2) If the party or appellant ordered to give security for costs fails to do so within the
time directed, the Registrar or the Tribunal may—
(a)
treat the proceedings or appeal as abandoned; or
(b)
treat the party concerned as having abandoned any rights he may have
had in the matter.
(3) Where a bond is to be given as security for costs, it shall, unless the Registrar or
the Tribunal otherwise directs, be given to the party requiring the security.
(4) Unless otherwise agreed between the parties, any costs awarded in terms of
subsection (5) of section sixty-four—
(a)
shall be taxed by the registrar of the Tribunal in accordance with rules
made under this Part, which taxation shall be subject to appeal to the Tribunal; and
(b)
may be recovered by action in a court of competent jurisdiction.
79
Costs of Registrar
In all proceedings before the Tribunal under this Act, the costs of the Registrar shall
be in the discretion of the Tribunal, but the Registrar shall not be ordered to pay the
costs of any other party.
80
Appeals to Supreme Court
(1) Any party to any proceedings before the Tribunal may appeal from any order or
decision of such Tribunal to the Supreme Court.
(2) Upon the hearing of an appeal under this section, the Supreme Court may, without
prejudice to its other powers—
(a)
confirm, set aside or vary the order or decision in question;
(b)
remit the proceedings to the Tribunal with such instructions for further
consideration, report, proceedings or evidence as the Supreme Court may think fit to
give;
(c)
exercise any of the powers which could have been exercised by the
Tribunal in the proceedings in connection with which the appeal is brought;
(d)
make such order as to the costs of the appeal or of earlier proceedings
in the matter before the Tribunal as it may think fit.
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