Contingency Fees Act, 1997
R 385.00
Trade Marks Act, 1993 (Act No. 194 of 1993)Part XV : Appeals to and Powers of Court59. Procedure in cases of option to apply to court or registrar |
| (1) | Where under any provision of this Act an applicant has an option to make an application either to the court or to the registrar— |
| (a) | if proceedings concerning the trade mark in question are 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 between them. |
| (2) | Where proceedings in terms of section 21, 24, 26, 27 or 38(8) are pending before the registrar, the registrar may in his discretion refer the proceedings to the court, and shall refer the proceedings to the court on written application of all the parties to such proceedings. |
