On 26/05/2013,
you requested for the version in force on 26/05/2013
incorporating all amendments published on or before 26/05/2013.
The closest version currently available is that of 21/12/1998.
PART XI
MISCELLANEOUS AND GENERAL PROVISIONS
101. In all legal proceedings relating to a registered trade mark (including proceedings for rectification of the register), the registration of a person as proprietor of a registered trade mark shall be prima facie evidence of the validity of the original registration and of any subsequent assignment or other transmission of it.
102.
—(1) If in proceedings before the Court the validity of the registration of a trade mark is contested and it is found by the Court that the trade mark is validly registered, the Court may give a certificate to that effect.
(2) If the Court gives such a certificate and in subsequent proceedings —
(a)
the validity of the registration is again questioned; and
(b)
the proprietor obtains a final order or judgment in his favour,
he is entitled to his costs as between solicitor and client unless the Court directs otherwise.
(3) Subsection (2) does not extend to the costs of an appeal in any such proceedings.
103. A certificate purporting to be under the hand of the Registrar as to any entry, matter or thing which he is authorised to make or do under this Act or the rules made thereunder, shall be prima facie evidence of the entry having been made, and of the contents thereof, and of the matter or thing having been done or not done.
104. In all proceedings before the Court under this Act, the Court may award to any party (including the Registrar) such costs as it may consider reasonable, but the Registrar shall not be ordered to pay the costs of any other of the parties.
105. If in any civil proceedings under this Act a question arises as to the use to which a registered trade mark has been put, it is for the proprietor to show what use has been made of it.
106. A District Court or a Magistrate’s Court shall have jurisdiction to hear and determine all offences under this Act and, notwithstanding anything to the contrary in the Criminal Procedure Code (Cap. 68), shall have power to impose the full penalty or punishment in respect of any such offence.
107.
—(1) Proceedings for an offence under this Act alleged to have been committed by a partnership shall be brought against the partnership in the name of the firm and not in that of the partners; but without prejudice to any liability of the partners under subsection (3).
(2) A fine imposed on a partnership on its conviction in such proceedings shall be paid out of the partnership assets.
(3) Where a partnership is guilty of an offence under this Act, every partner, other than a partner who is proved to have been ignorant of or to have attempted to prevent the commission of the offence, is also guilty of the offence and liable to be proceeded against and punished accordingly.
(4) Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity, he as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
108.
—(1) The Minister may make rules —
(a)
for any purpose for which rules are required or authorised to be made under this Act;
(b)
for prescribing matters authorised or required by this Act to be prescribed;
(c)
for prescribing matters necessary or convenient to be prescribed for carrying out or giving effect to this Act;
(d)
for prescribing matters necessary or convenient to be prescribed for the conduct of any proceedings or other matter before the Registrar.
(2) Without prejudice to the generality of subsection (1), the rules may make provision —
(a)
as to the practice and procedure of any proceedings or other matter before the Registrar;
(b)
as to the manner of filing of applications or other documents;
(c)
requiring persons to make such statutory declarations as may be prescribed in support of any application, notice or request;
(d)
requiring and regulating the translation of documents and the filing and authentication of any translation;
(e)
as to the service of documents;
(f)
authorising the rectification of irregularities of procedure;
(g)
prescribing time limits for anything required to be done in connection with any proceeding under this Act;
(h)
providing for the extension of any time limit so prescribed, or specified by the Registrar, whether or not it has already expired; and
(i)
as to the giving of evidence in proceedings before the Registrar under this Act by affidavit or statutory declaration.
109. The Trade Marks Act (Cap. 332) is repealed.
110.
—(1) The provisions of the Third Schedule have effect with respect to transitional matters on the commencement of this Act.
(2) The Minister may, by order published in the Gazette, amend the Third Schedule to make such further transitional provisions as he may consider necessary and expedient.
111. The provisions of the written laws specified in the first column of the Fourth Schedule are amended in the manner set out in the second column thereof.