Section 76. (I)

76. (I) Save as otherwise expressly provided in this Act, an appeal shall lie, mithin the period prescribed by the Central Government, from any decision of the Registrar or Deputy Registrar under this Act or the rules made thereunder to the High Court having jurisdiction : Provided that if any suit or other proceedillg concerning the trade mark in question is pending before IIigh Court or a District Court, the appeal shall be to that High Court or, as +he case may be, to the High Court within whose jurisdiction that District Court is situated. (2) In i 4 `I` I - v oflgO8. OF 19401 Trade Marks (2) In an appeal by an applicant for registration against a decision of the Registrar under section 13 or section 14 or section 18, it shall not be open, save with the express permission OF the Court, t o the Registrar or any party opposing the appeal to advancegro~uiclu other than those recorded in the said decision or advanced by the party in the proceedings before the Registrar, as the case may be ; end where any such additional grounds are advanced, the applicant for registration may, on giving notice in the prescribed manner, withdraw dis application without being liable to pay the costs of the Registrar or the parties opposing his application. I - (3) Subject to the provisions of this Act and-of rules made thereunder, the provisions of the Code of Civil Yrocedure, 1908, shall apply to appeals before a High Court under this Act. 77. A High Court may make rules consistent with `z;;r$UPts` this Act as to the conduct and procedure of all proceed- &,zke ings under this Act before it. 78. If in any legal proceeding in which the validity :$$;gTe Of of the registration of a trade mark comes into question, a decision is given in favour of the proprietor of the trade mark, the tribunal may grant a certificate to that effect, and if such a certificate is granted, then in any subsequent legal proceeding in which the said validity comes into question, the said proprietor on obtaining a final order or judgment in his favour shall, unless the sdd final order or judgment for sufficient reason directs otherwise, be entitled to his full costs, charges and expenses as between legal practitioner and clienk. '79. In any suit or other proceeding relating to a ~ ' ~ b $ ~ g e . trade mark, the tribunal shall admit evidence of the zE;dz$Ion, usages of the trade concerned and of any relevant trade mark or get up legitimately used by other persons. 80. Where by or under this Act any acL, other than `*Ben@*` the making of an affidavit, is required to be done by' any person, the act may, subject to prescribed conditions or in special cases with the consent of the Central Government, be done, in lieu of by that person himself, by 47 .) 1 `I` > i person who has applied within such territories for registration of a trade mark or his legal representative or assignee to obtain registration of the trade mark in British India under this Act on his makingan application for registration in British India within such period" as may be fixed in this behalf by the notification as if. poses of this Act. . I! |pcrpose of adapting the entries therein to| |---| |any amended or substituted classification| |which may be -prescribed';| |_(6)_require the making of duplicates of trade| |marks and other<br>documents oonnected| |therewith;| |(c)provide for securing<br>and<br>regulating the| |publication, sale or distribution of copies| |of trade marks<br>and other<br>documents| |connected therewith;,| |(d)prescribe additionai matters to be entered| |in the register;| |(e)proscribe the conditions and<br>restrictions| |subject to which the register, the Textile| |Marks Record and the Refused Textile| |Marks List may be inspected;| |(f)prescribe the form of certificates of registra.| |tion;| |(g)prescribe the conditions mlder whicha,trade| |mark removed from the register may be| |restored under sub-section(3)of section18;| |_(h)_prescribe the further documents, informa-| |tion or evidencetoaccompany an applica-| |tion under sub-section(1)of section41;| |(i)prescribe classes of goods as textile goods for| |the purposes of ChapterIX;| |(j)provide for the constitution of<br>Advisory| |Committees referred to in section66,and| |prescribe the places of meeting, and conduct| |of business at meetings, of such Com.| |mittees;| |(k)regulate the awarding of costs by the Regis-| |trar under section70;| |_( I )_prescribe the conditions subject to which an| |agent referred to in section80may act;| |(m)prescribe the fees to be paid under this Act;| |(n)provide for the establishment of branches| |of the Trade Marks Registry when expedient| |for| |4E'| I ;' g I s Trade Marks LAOT v OF 1940.1 for facilitating the working of this Act, and J authorise the preparation of copies of the register to be kept at such' branch. offices ; - - - `(0)` prescribe the manner in which, in proceedings under this Act before the Central i I Government or the Registrar, applications d shall be made, notices given and matters advertised ; I (p) prescribe times or periods required by this I Act to be prescribed ; (p) provide, generally, for regulating the business of the Trade Marks Registry and of branches established under clause (n) or under section 63, and for regulating all things by this Act placed under the direction or control of the Central Government or the Registrar. Power Central `to` 85. The Central Government may, by notification to Government make in the official Gazette, provide such procedure as it provulonfor considers uxpedient to enable intending applicants to appllcatlons ~gf$~;the deposit trade marks at the Patent Office before the g;Fffkt coming into force of the remaining provisions of this remaprovlslona of Act : Act. 'Provided that the deposit of a trade mark under this section shall not affect any right. existing or accruing, in the trade mark.