LAWS OF MALAWI Trade marks Cap. 49:01 (2) Any such person who is desirous of obtaining such advice must make application to the Registrar therefore in the prescribed manner. (3) If on application for the registration of a trade mark as to which the Registration has given advice as aforesaid in the affirmative, made within three months after the advice is given, the Registrar, after further investigation or consideration, gives notice to the applicant of objection on the ground that the trade mark is not adapted to distinguish or capable of distinguishing, as the case may be, the applicant shall be entitled, on giving notice of withdrawal of the application within the prescribed period, to have repaid to him any fee paid on the lodging of the application. 44. Where any discretionary or other power is given to the Registrar by this Act or the regulations, he shall not exercise that power adversely to the applicant for registration or the registered proprietor of the trade mark in question (if duly required so to do within the prescribed time) giving to the applicant or registered proprietor an opportunity of being heard. 45. (1) A certificate purporting to be signed by the Registrar and certifying that any entry which he is authorized by or under this Act to make has or has not been made, or that any other thing which he is so authorized to do has or has not been done, shall be prima facie evidence of the matters so certified (2) 46. Hearing before exercise of Registrar’s discretion. Evidence of certain entries and documents. A copy of any entry in any register or of any document kept in the Trade Marks Office or of any trade mark or an extract from any such register or document, certified by the Registrar and sealed with the seal of the Patent Office, shall be admitted in evidence without further proof and without production of the original. The Registrar shall, on the request of any person and on payment of the prescribed fee, furnish copies of any documents which are open to public inspection and which are lodged at the Trade Marks Office or particulars from the register or furnish a certificate in respect thereof. 47. In all proceedings before the Registrar under this Act, the Registrar shall have power to award to any party such costs as he may consider reasonable and to direct how and by what parties they are to be paid. Any costs awarded by the Registrar shall be taxed by a taxing officer of the Tribunal and payment thereof may be enforced in the same manner as if they were costs allowed by the Tribunal. 48. (1) Subject to section 79, evidence in any proceedings before the Registrar under this Act shall be given by affidavit, so, Requests for information as to trade mark. Power of Registrar to award costs. Proceedings before Registrar.