Trade Marks Act, 1993 (Act No. 194 of 1993)

Part XV : Appeals to and Powers of Court

53. Recourse to court, and appeals

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(1)Without derogating from the provisions of subsection (2), any person aggrieved by any decision or order of the registrar may, within a period of three months after the date of any such decision or order, apply to the Transvaal Provincial Division of the Supreme Court for relief, and the said court shall have the power to consider the merits of any such matter, to receive further evidence, and to make any order as it may deem fit.

 

(2)Any party to any opposed proceedings before the registrar may appeal to the Transvaal Provincial Division of the Supreme Court against any decision or order pursuant to such proceedings.

 

(3)In addition to any other powers conferred upon it by this Act, the Transvaal Provincial Division of the Supreme Court may in relation to such appeal—
(a)confirm, vary or reverse the order or decision appealed against, as justice may require;
(b)if the record does not furnish sufficient evidence or information for the determination of the appeal, remit the matter to the registrar with instructions in regard to the taking of further evidence or the setting out of further information;
(c)order the parties or either of them to produce at some convenient time in the said court such further proof as shall to it seem necessary or desirable; or
(d)take any other course which may lead to the just, speedy and as far as may be possible inexpensive settlement of the case;

and make such order as to costs as justice may require.

 

(4)Every appeal to the Transvaal Provincial Division of the Supreme Court from a decision or order of the registrar shall be noted and prosecuted in the manner prescribed by law for appeals to that division against a civil order or decision of a single judge of that division, save that—
(a)no leave to appeal to the said division shall be necessary;
(b)the period within which such appeal shall be noted shall be three months after the date of the decision or order; and
(c)the appeal shall be prosecuted within six weeks from the date upon which it was noted:

Provided that the said division may, on application and on good cause shown, allow such extension of time for noting or prosecuting the appeal as it may deem necessary.

 

(5)The parties to proceedings before the registrar shall be deemed to be parties to civil proceedings for the purposes of the Supreme Court Act, 1959 (Act No. 59 of 1959).

 

(6)Every appeal to the Appellate Division of the Supreme Court by virtue of subsection (5) shall be governed by the Supreme Court Act, 1959, and shall be noted and prosecuted in the manner prescribed by law for appeals to the said division in civil proceedings.