PART E RULES MADE BY THE HIGH COURT UNDER SECTION 77 OF THE TRADE MARKS ACT, V OF 1940, (PUBLISHED IN PUNJAB GAZETTE, PART III, DATED THE 10TH AUGUST,1945, AS CORRECTED BY CORRIGENDUM NO.210-R/XVI-A-96, DATED THE 12TH SEPTEMBER 1945, PUBLISHED IN PART III, DATED THE 14TH SEPTEMBER 1945, AND IN THE GAZETTE OF INDIA, PART II-A, DATED THE 1ST SEPTEMBER 1945, AS CORRECTED BY CORRIGENDUM NO.F.-4(8)/45-GENL., DATED THE 3RD OCTOBER 1945, PUBLISHED IN PART II-A, DATED THE 13TH OCTOBER 1945).
1. (a) In these Rules ‘the Act’ means the Trade Marks Act, 1940.
(b) ‘The Registrar’ means the Registrar of Trade Marks and includes the Deputy Registrar of Trade Marks.
(a) ‘The Deputy Registrar (Judicial)’means the Deputy Registrar (Judicial) of the Lahore High Court, Lahore.
(b) ‘Judge’ means the Judge nominated by the Chief Justice for the purpose.
2. Applications, affidavits and proceedings under the Act shall be instituted in the matter of the Trade Marks Act, V of 1940 and in the matter of the Trade Mark.
3. All applications and appeals under the Act shall be made by petition supported by affidavit and shall be presented to the Deputy Registrar (Judicial).
4. The Deputy Registrar (Judicial) shall lay the petition before the Judge who may either accept the petition and direct notice thereof to be given to the opposite party or may reject it summarily or may make such order as the circumstances of the case may require.
5. All applications to the Court whether by way of appeal or otherwise shall be served on the Registrar who shall have a right to appear and be heard and shall appear if so directed by the Court
6. If any application or appeal is made to the High Court under the Act and any suit or other proceeding concerning the Trade Mark in question is pending before the High Court or any District Court, the High Court may stay such suit or proceeding until the disposal of the said application or appeal.
7. Where the Registrar makes a reference to the High Court under section 72(b) of the Act, he shall give notice of that fact to the parties concerned. After the Registrar has filed the reference, the Deputy Registrar (Judicial) shall fix a date for the hearing of the same and
shall put it on the list of the Judge on such date for disposal. The Registrar shall give seven days’ notice of the day so fixed to the parties concerned.
8. Where under section 76(2) of the Act, an applicant becomes entitled and intends to withdraw his application, he shall give notice of the intention in writing to the Registrar and to the other parties, if any, to the appeal within one month after the leave referred to in that section has been obtained. He shall also give notice to the Deputy Registrar (Judicial) who shall thereupon forthwith place the appeal on the list for disposal.
9. A defendant in a suit for infringement filed in the High Court may in regard to any registered trade mark in issue counterclaim for the rectification of the register and shall within the time limited for the delivery of the counter-claim serve the Registrar with the same, and the Registrar shall be entitled to take such part in the suit as he may think fit without delivering a defence or other pleading.
10. A certified copy of every order directing rectification of the register shall be sent by the Deputy Registrar (Judicial) to the Registrar who shall thereupon rectify the register accordingly. The cost of the certified copy shall be borne by the applicant or the appellant, as the case may be.
11. In cases not provided for in the foregoing rules, the provisions of the Code of Civil Procedure, 1908, and the Rules and Forms of the Lahore High Court, Lahore, shall apply, mutatis mutandis, to all proceedings under the Act.
12. Process fees shall be charged according to the Table of Fees for the High Court given in Chapter 5-B, High Court Rules and Orders, Volume IV.
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