Page:Trade Marks Ordinance (Cap. 559).pdf/51

TRADE MARKS ORDINANCE :(d) in respect of information provided or to be provided to the Registrar and which is to be entered in the register, require the provision of that information in both official languages; and
 * (e) provide for the issue of and specify the power of the Registrar to issue documents in one or both official languages.

(3) Rules made for the purposes of subsection (2)(a) or (d)—
 * (a) may specify periods within which translations of documents into the language of the proceedings or into the official languages are to be filed or within which information in the official languages is to be provided; and
 * (b) may provide for extensions, upon application by a party to the proceedings, of such periods, and may require that applications for such extension shall be subject to the payment of a prescribed fee.

77. Procedure in case of option to apply to court or Registrar

(1) Where under this Ordinance a person has an option to make an application either to the court or to the Registrar on a question concerning a registered trade mark or an application for registration of a trade mark, then—
 * (a) if any proceedings concerning the registered trade mark or application for registration in question is pending before the court, the application must be made to the court; and
 * (b) if in any other case the application is made to the Registrar, he may, at any stage of the proceedings, refer the application to the court, or he may, after hearing the parties, determine the question.

(2) Subsection (1) is without prejudice to the court’s powers, apart from this section, to determine any question referred to in that subsection.

78. Application of rules of evidence

Except as otherwise provided in this Ordinance, the Registrar is not bound by the rules of evidence in any proceedings before him under this Ordinance and may inform himself of any matter that is before him in any way that he reasonably believes to be appropriate.

79. Register is prima facie evidence

(1) Subject to subsection (4), the register shall be prima facie evidence of anything required or authorized by this Ordinance or the rules to be registered.