IP/N/l/GHAITn Page 32 40. The Registrar may ~ in any case of doubt or difficulty in the =~~~wt administration of this Act, apply to the Attorney-General for General, directions in the matter.. Registrar Hearing before exercise of Registrar'a discretion. 41. Where any discretionary or other power is given to the Registrar by this Act or by regulations made under section 65 of this Act he shall not exercise that power adversely to the applicant for registration or the registered proprietor of the trade mark in question without (if duly required so- to do within the prescribed time) giving to the applicant or registered proprietor an opportunity of being heard" Power of Registrar to award costs. Registration to be prima facie evidence of validity.. 42. In all proceedings before the Registrar under this Act, the Registrar may award to any party such costs as he may consider reasonable, and to direct how and by what parties they are to be paid, and any such order may, by leave of the Court, be enforced in the same manner as a judgment or order of the Court to the same effect. 43$ In all legal proceedings relating to a registered trade mark (including applications under section 32 of this Act) the fact that a person is registered as proprietor of the trade mark shall be prima- facie evidence of the validity- of the original registration of the trade mark and of all subsequent assignments and transmissions thereof.. 44e In any legal proceedings in which the validity of the registration of a registered trade mark comes into question and is decided in favour "of the proprietor of the trade mark, the Court may certify to that effect, and if it so certifies then in. any subsequent legal proceedings in which the validity of the registration comes into question the proprietor of the trade mark on obtaining a final order or judgment in his- favour shall have his full costs, charges and expenses as between solicitor and client, unless in the subsequent proceeding the Court certifies that he ought not to have them. -45. In any proceedings before the Court under this Act the Registrar shall be neither awarded costs nor ordered to pay the costs of any oth er party, Certificate ot validity, Cos~s of the cReglstrar ill curt pro.. ceedings. 46. In any action or proceedingrelating to a trade mark or trade Trade usage name, the Court or the Registrar (as the case may be) shan admit an~toth~r b evidence of the usages of the trade concerned and of any relevant ~~siJ~r~dv e trade mark or trade name or get.. up legitimately used by other persons.

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