Subpart 4—Miscellaneous

Application to Commissioner or court?

158 Application to Commissioner or court?

A person who may apply either to the Commissioner or the court for a determination under this Act—

(a)

must, if an action concerning the trade mark in question is pending, apply to the court:

(b)

may, in any other case, apply to the Commissioner who may,—

(i)

after hearing the parties, determine the question between them; or

(ii)

at any stage of the proceedings, refer the application to the court.

Compare: 1953 No 66 s 67