Trademarks Act 2019 · Updated to 18 Mar 2022 · Part XVIII · Miscellaneous and General
154. Mode of giving evidence
Feedback & supportFor the purposes of subsection 105(1), in all proceedings before the Registrar, evidence shall be given by statutory declaration in the absence of directions to the contrary but in any case in which he thinks fit, the Registrar may take evidence viva voce in lieu of or in addition to evidence by declaration.
Registrar
“Registrar” means a person appointed as a Registrar of Trademarks under subsection 10(1);
Any such statutory declaration may, in the case of an appeal, be used before the Court in lieu of evidence by affidavit, but if so used, shall have all the incidents and consequences of evidence by affidavit.
In any action or proceedings relating to a trademark, the
Registrar or the Court, as the case may be, shall admit evidence of the usages of the trade concerned or evidence of business usages in the provision of the services in question and evidence of any relevant trademarks or trade name or business name or get-up legitimately used by other persons.