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—
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