TRADE MARKS ORDINANCE
82. Burden in civil proceedings of proving use of trade mark
(1) If, in any civil proceedings under this Ordinance in which the owner of a registered trade mark is a party, a question arises as to the use to which the trade mark has been put, the burden of proving that use shall lie with the owner.
(2) If, in any civil proceedings under this Ordinance in which a licensee of a registered trade mark is a party, a question arises as to the use to which the trade mark has been put, the burden of proving that use shall lie with—
- (a) the owner of the trade mark, where he is a party to the proceedings; or
- (b) the licensee, where the owner is not a party to the proceedings.
83. Registrar’s appearance in proceedings involving the register
(1) In proceedings before the court involving an application for—
- (a) the revocation or variation of the registration of a trade mark;
- (b) a declaration of the invalidity of the registration of a trade mark; or
- (c) the rectification of the register,
the Registrar is entitled to appear and be heard, and shall appear if so directed by the court.
(2) Unless otherwise directed by the court, the Registrar may instead of appearing, submit to the court a statement in writing signed by him, giving particulars of—
- (a) any proceedings before him in relation to the matter in issue;
- (b) the grounds of any decision given by him;
- (c) the practice of the Registrar or the Registry in like cases, if any; and
- (d) such matters relevant to the issues involved in the proceedings and within his knowledge as the Registrar thinks fit,
and the statement shall be deemed to form part of the evidence in the proceedings before the court.
84. Appeals from decisions or orders of Registrar
(1) An appeal lies to the court from any decision or order of the Registrar under this Ordinance.
