The Law of Trade Marks the Trade Marks Ordinance 1909 the Merchandise Marks O
The Law of Trade Marks the Trade Marks Ordinance 1909 the Merchandise Marks O
Charles David Wilkinson
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(*) 35 Ch. D. At p. 235. 11 Section 54. Recognition of agents. Ib. S. 55. 144: The power given to the Court by the latter part of this section to review any decision of the Registrar, in dealing with any question of the rectification of the register, enables the Court to reconsider, otherwise than on appeal, the questwn us to whtlher or not a trade-mark was properly registered. And this even though an opponent to such registration had neglected to appeal against the Registrar's decision, and th...at opponent was a party to the subsequent proceedings in which the question arose before the Court (t). Where, however, on an opposed application for registration, the matter had been brought before the Governor, or the Co art, by way of appeal from the Registrar's decision, it would seem to be most doubtful whether the same question could be raised again before the Court by the same parties, on an application to rectify the register (u). This section, at any rate, does not enable such being done ; for it merely gives power to the Court to review a decision of the Regis- trar not that of the Court itself, nor of the Governor.
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