Law:

Section:

Trade Marks Act (V of 1940)-------Ss. 70, 71 & 37---Trade Marks Rules, 1963, R. 23---Civil Procedure Code (V of 1908), S.-141---Qanun-e-Shahadat (10 of 1984), Art. 1(2)---Powers of Registrar of Trade Marks---Scope---Powers of Civil Court to be exercised by Registrar in specified matters---Evidence through affidavits---Mode of recording evidence by Registrar, Trade Marks with special reference to rectification application illustrated. Section 70 of the Trade Marks Act, 1940 provides that the Registrar shall have all powers of a Civil Court for the purposes of receiving evidence, administering oaths and forcing attendance of witnesses, compelling discovery and production of documents and issuing commission for examination of witnesses and that the evidence would be given by affidavits. The Registrar is further authorised to take oral evidence in lieu of affidavit or in addition to such evidence by further affidavit. Neither any provision as to the conduct of a hearing has been prescribed in the Revised Trade Marks Rules, 1963, nor any procedure which is to be adopted either by the Registrar or by the Tribunal for hearing of retification application. However, section 70(b) of Act, 1940, provides that the evidence shall be given by affidavits. Filing of counter affidavit by the respondent, at the most can be treated at par with the written statement. Unless and until the Tribunal, or as the case may be, the Registrar directs the parties for filing their evidence through affidavit, any affidavit, counter-affidavit or rejoinder could not be treated evidence. Before treating any affidavit as a piece of evidence, it is the requirement of law that a party should be made aware that such affidavit Was their full and final evidence. Similarly, the other side is also entitled to cross-examine such deponent who has filed affidavit against his interest. Section 141 of C:P.C. provides that the procedure in the Code of Civil Procedure in regard to suit would be followed as far as it could be made applicable in all proceedings in any Court of civil jurisdiction. In this regard section 71 of Act, 1940 is very important which provides that in all proceedings under the Act,…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492