[O. 91, rr. 1-3

ORDER 91

THE TRADE MARKS ORDINANCE, 1955

1. In this Order "the Registrar General" has the meaning assigned to "the Registrar" by section 2(1) of the Trade Marks Ordinance, 1955.

2. (1) Every appeal to the High Court under the Trade Marks Ordinance, 1955, shall be heard and determined by a Judge of the Court.

(2) Subject to rule 3, every application to the High Court under the said Ordinance of 1955 must be begun by originating motion.

(3) Notice of the motion by which any such application is made must be served on the Registrar General.

(4) Where the Registrar General refers to the High Court an application under the said Ordinance of 1955 made to him, then, unless within one month after receiving notification of the decision to refer, the applicant makes the application to that Court, he shall be deemed to have abandoned it.

(5) The period prescribed by Order 56, rule 3(2), in relation to an appeal to which paragraph (1) applies or the period prescribed by paragraph (4) in relation to an application to which that paragraph applies, may be extended by the Registrar General on the application of any party interested and may be so extended although the application is not made until after the expiration of that period, but the foregoing provision shall not be taken to affect the power of the Court under Order 3, rule 5, to extend that period.

(6) Where under subsection (6) of section 19 of the said Ordinance of 1955 an appellant becomes entitled and intends to withdraw his application which is the subject-matter of the appeal, he must give notice of his intention to the Registrar General and to any other party to the appeal within one month after the Court has given leave under the said subsection (6) for further grounds of objection to be taken.

3. (1) Where in any proceedings a claim is made for relief for infringement of the right to the use of a registered trade mark, the party against whom the claim is made may in his defence put in issue the validity of the registration of that trade mark or may counterclaim for an order that the register of trade marks be rectified by cancelling or varying the relevant entry or may do both those things.

(2) A party to any such proceedings who in his pleading (whether a defence or counterclaim) disputes the validity of the registration of a registered trade mark must serve with the pleading particulars of the objections to the validity of the registration on which he relies in support of the allegation of invalidity.

(3) A party to any such proceedings who counterclaims for an order that the register of trade marks be rectified must serve on the Registrar General a copy of the counterclaim together with a copy of the particulars mentioned in paragraph (2); and the Registrar General shall be entitled to take such part in the proceedings as he may think fit but need not serve a defence or other pleading unless ordered to do so by the Court.