Act 17 Trademarks Act 2010 (2) Unless otherwise directed by the court, the registrar may, instead of appearing and being heard, submit to the court a statement signed or sealed by him or her, giving particulars of the proceedings before him or her in relation to the matter in issue or of the grounds of a decision given by him or her affecting it or of the practice of the office of the registrar in similar cases or of such other matters relevant to the issues and within his or her knowledge as registrar, as he or she thinks fit and the statement shall be taken to form part of the evidence in the proceedings. 62. Court’s power to review registration. The court, in dealing with any question of the rectification of the register including all applications under section 79, may review any decision of the registrar relating to the entry in question or the correction sought to be made. 63. Procedure in case of option to apply to court or registrar. (1) Where under this Act an applicant has an option to make an application whether to the court or to the registrar— (a) if an action concerning the trademark in question is pending, the application must be made to court; (b) if in other case the application is made to the registrar, he or she may, at any stage of the proceedings, refer the application to the court or he or she may, after hearing the parties, determine the question between them. (2) A person aggrieved by the decision of the registrar under this section may appeal to the court. 64. Payment of costs by the registrar. In all proceedings before the court under this Act, the costs of the registrar shall be at the discretion of the court but the registrar shall not be ordered to pay the costs of any of the parties. 65. Security for costs. (1) Where a person who does not reside or carry on business in East Africa— 55

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