CHAPTER II: THE REGISTER AND CONDITIONS FOR REGISTRATION Section 3: Appointment of Registrar and other officers Section 4: Power of Registrar to withdraw or transfer cases, etc. Section 5: Trade Marks Registry and offices thereof Section 6: The Register of Trade Marks This section describes the “Register,” which is the single, official master database of
CHAPTER III: PROCEDURE FOR AND DURATION OF REGISTRATION Section 18: Application for registration This section details the first formal step: how to file an application. Section 19: Withdrawal of acceptance Section 20: Advertisement of application This section describes the vital “public notice” step in the trademark process. Section 21: Opposition to registration This section details
This guide breaks down the complex legal text of The Trade Marks Act, 1999, into simple, easy-to-understand language. CHAPTER I: PRELIMINARY Section 1: Short title, extent and commencement Section 2: Definitions and interpretation This is the most important section for understanding the rest of the Act. It’s the dictionary for all the legal terms used.
CHAPTER XII: REPEAL AND SAVINGS Section 170: Repeal and savings.
CHAPTER XI: OF IMPROPER ADMISSION AND REJECTION OF EVIDENCE Section 169: No new trial for improper admission or rejection of evidence.
CHAPTER X: OF EXAMINATION OF WITNESSES Section 140: Order of production and examination of witnesses. Section 141: Judge to decide as to admissibility of evidence. Section 142: Examination of witnesses. This section defines the three stages of questioning a witness. Section 143: Order of examinations. Section 144: Cross-examination of person called to produce a document.
CHAPTER IX: OF WITNESSES This chapter details who is competent to give evidence and what is considered privileged information that a person cannot be forced to disclose. Section 124: Who may testify. Section 125: Witness unable to communicate verbally. Section 126: Competency of husband and wife as witnesses in certain cases. Section 127: Judges and
CHAPTER VIII: ESTOPPEL Section 121: Estoppel. Section 122: Estoppel of tenant and of licensee of person in possession. Section 123: Estoppel of acceptor of bill of exchange, bailee or licensee.
CHAPTER VII: OF THE BURDEN OF PROOF This is a new, critical chapter. It stops talking about what evidence is allowed and starts talking about who is responsible for proving it. Section 104: Burden of proof. Section 105: On whom burden of proof lies. Section 106: Burden of proof as to particular fact. Section 107:
CHAPTER VI: OF THE EXCLUSION OF ORAL EVIDENCE BY DOCUMENTARY EVIDENCE This chapter contains one of the most important rules in law, often called the “Parol Evidence Rule” or the “Best Evidence Rule.” The Core Idea: When people have taken the time to put their agreement into a formal written document, that document is the
