Appearance of Registrar in legal proceedings

Section 98 of the Trade Marks Act, 1999 deals with appearance of Registrar in legal proceedings. The Registrar shall have the right to appear and be heard-- (a) in any legal proceedings before the [High Court] in which the relief sought includes alteration or rectification of the register or in which any question relating to the practice of the Trade Marks Registry is raised; The Act came into force on 15 Sep 2003.

(1) The Registrar shall have the right to appear and be heard--

(a) in any legal proceedings before the ¹[High Court] in which the relief sought includes alteration or rectification of the register or in which any question relating to the practice of the Trade Marks Registry is raised;

(b) in any appeal to the ²[High Court] from an order of the Registrar on an application for registration of a trade mark--

(i) which is not opposed, and the application is either refused by the Registrar or is accepted by him subject to any amendments, modifications, conditions or limitations, or

(ii) which has been opposed and the Registrar considers that his appearance is necessary in the public interest,

and the Registrar shall appear in any case if so directed by the Board.

(2) Unless the ¹[High Court] otherwise directs, the Registrar may, in lieu of appearing, submit a statement in writing signed by him, giving such particulars as he thinks proper of the proceedings before him relating to the matter in issue or of the grounds of any decision given by him affecting it, or of the practice of the Trade Marks Registry in like cases, or of other matters relevant to the issues and within his knowledge as Registrar, and such statement shall be evidence in the proceeding.

Section 98, The Trade Marks Act, 1999 (Act 47 of 1999).